Live Stock Sanitary 
Laws of Montana 

also 

Rules and Regulations and Orders 

of the 

Montana Live Stock 
Sanitary Board 



if 



October 1, 1917 



Live Stock Sanitary 
Laws of Montana 

also 

Rules and Regulations and Orders 

of the 

Montana Live Stock 
Sanitary Board 



October 1, 1917 






The rules and regulations of the Montana Live Stock 
Sanitary Board follow as closely as possible the rules and 
regulations of the United States Bureau of Animal Industry. 

Credit for all instructions and quotations obtained from 
the Bureau of Animal Industry is hereby acknowledged. 

All proclamations and orders heretofore promulgated but 
not contained in this phamplet have been recinded. 

W. J. BUTLER. 



0. of D. 

JAN 9 1918 



MONTANA LIVE STOCK SANITARY BOARD. 



J. H. BURKE CHAIRMAN 

DAN. J. DONOHUE, M. D. VICE-CHAIRMAN 
W. J .BUTLER, D. V. S. SECRETARY 



HOGAN, MONTANA 
BUTTE, MONTANA 
HELENA, MONTANA 



State Veterinary Surgeon 



DR. W. J. BUTLER 



Chief Deputy State Veterinary Surgeon 

DR. E. D. NASH 









District Deputy State Veterinary Surgeons 




DR. 


C. 


A. 


HATTERSCHEID 


Glendive 


In Charge 




District Nos 




DR. 


O. 


J. 


JOHNSON 


Miles City 


In Charge 




District No. 


2 


DR. 


N. 


B. 


SMITH 


Billings 


In Charge 




District No. 


4 


DR. 


H. 


F. 


WILKINS 


Lewistown 


In Charge 




District No. 


5 


DR. 


J. 


W. 


RICHARDSON 


Malta 


In Charge 




District No. 


6 


DR. 


E. 


D. 


NASH 


Helena 


In Charge 




District No. 


7 


DR. 


N. 


T 


.GUNN 


Butte 


In Charge 




District No. 


8 


DR. 


C. 


H. 


WIGHT 


Great Falls 


In Charge 




District No. 


9 


DR. 


J. 


C. 


BOYD 


Helena 


Special Depi 


jty 


on Tuber'n 


T< 



1 and 3 



District Sheep Inspector 

JOHN C. TAYLOR, Bynum, Montana 



Resident Deputy State Veterinary Surgeons 



Dr. 


G. 


R. 


Dr. 


H. 


L. 


Dr. 


A. 


H. 


Dr. 


O. 


L. 


Dr. 


F. 


N. 


Dr. 


F. 


S. 


Dr. 


W, 


, H 


Dr. 


W. 


J. 


Dr. 


L. 


G. 


Dr. 


F. 


T. 


Dr. 


M. 


E. 


Dr. 


A. 


D. 


Dr. 


A. 


T. 


Dr. 


J. 


H. 


Dr. 


C. 


F. 


Dr. 


A. 


H. 


Dr. 


C. 


E. 


Dr. 


A. 


C. 


Dr. 


Fred 


Dr. 


E. 


S. 


Dr. 


J. 


F. 



Bach, Medicine Lake 
Brawner, Livingston 
Cheney, Poison 
DeVore, Bozeman 
Frisch, Glasgow 
Gray, Miles City 
. Ganagan, Warden 
Hartman, Bozeman 
Helterline, Plains 
Hull, Conrad 
Knowles, Helena 
Knowles, Missoula 
Knowles, Missoula 
Knox, Great Falls 
Leslie, Kalispell 
Mehn, Harlowton 
Mock, Rygate 
Morrow, Dillon 
Moran, Fairfield 
Mohr, Plentywood 
Mitchell, Anaconda 



Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 
Dr. 



T. 
A. 
C. 
A. 
B. 
A. 



F. M. Nelson, Colubus 
W. D. Newton, Ringling 

Norman ,Townsend 

Nutting, Great Falls 

Orr, Red Rock 

Rathbun, Scobey 

Remer, Stanford 

Rein, Lewistown 

Reynolds, Columbia Falls 

Riley, Bozeman 
H. M. Schultz, Lewistown 
i_. P. Sharp, Moore 
C. E. Steinberg, Chinook 
C. H. Stevens, Stevensville 

G. E. Thomas, Baker 
R. C. Timmons, Havre 

G. L. Utley, Twin Bridges 
I. W. Vinsel, Plevna 
Howard Welch, Bozeman 
J. D. C. Wipf, Belgrade 



J. N, 
E. H 



Chemist 



DR. EMIL STARZ, Helena 



Clerk 



FRED A. MOTZ, Jr. 



TABLE OF CONTENTS 

Live Stack Sanitary Board, its powers and dutfes. Chapter 157, Session 
Laws pf 1917: . 

Sec. Page 

Creation of the Sanitary Board- .'. 1 9 

Deputy State Veterinary Surgeons.. 2 10 

Employment of Specialists 3 11 

Appointment of Federal Inspectors as Deputy State 

Veterinary Surgeons 4 11 

Powers and Duties of State Veterinary Surgeon _ 5 11 

Powers and duties of Sanitary Board 6 12 

Quarantine, when ordered..... 7. 15 

Removal of live stock from quarantined areas 8 15 

Slaughter of diseased live stock 9 15 

Payment for animals and property destroyed 10 16 

When compensation shall not be paid... _ 11 18 

Compensation by Federal Government 12 19 

Notice to owners of animals or property condemned 13 19 

Expenses for treating or burying animals. 14 21 

Enforcement of sheep quarantine 15 21 

Duty to inspect sheep 16 21 

Official supervision of dipping : 17 22 

Quarantine of infected premises and diseased animals 18 22 
Duty of railroad company to notify State Veterinary 

« Surgeon _...: 19 23 

Owner or agent of imported sheep to notify State Vet- 
erinary Surgeon 20 24 

Expenses of inspection 21 25 

Dipping of sheep temporarily in the state 22 20 

Certificate to run a public buck herd 23 28 

Tuberculin test of dairy cattle 24 28 

Disposal of tuberculin cattle 25 29 

Duty of state and local Boards of Health 26 29 

Notice of existence of disease to be given _ 27 29 

Boards to have authority to administer oaths 28 29 

Definition of words and phrases ._ 29 30 

Funds 30 30 

Penalties for violating quarantine 31 30 

Diseased animals not to run at large 32 31 

Penalties for allowing diseased animals to run at large 33 31 

What constitutes breaking quarantine 34 31 

Report of State Veterinary Surgeon _• . ... 35 32 

Repealing clause 36 32 

Enacting clause ..., 37 32 

An act directing the levying of a tax on Live Stock for the 
payment of indemnity for animals or property de- 
stroyed, etc. Chapter 127, Session Laws of 1915 32 

Relative to the sale of carcasses of animals affected with 
an infectious contagious disease. Chapter 39, Session 

Laws of 1917 : , 35 

Regulating the sale and distribution of tuberculin. Chap- 
ter 118, Session Laws of 1917 35 

Stallions running on the open range. Chapter 125, Session 

Laws of 1917 36 

Regulating the running at large of bulls on the public 

Range. Chapter 62, Session Laws of 1917 37 

Regulating the public service of stallions and jacks in 
Montana; with amendments to date. Chapter 108, Ses- 
sion Laws of 1909 38 

Extracts from the Pure Food Law relative to dairies and 



TABLE OF CONTENTS 

Sec. Page 

dairy products. Chapter 130, Session Laws of 1911 44 

Sections from the Penal Code: 

Killing or selling meat of a calf less than four weeks 

old 8506 46 

Using or exposing animals with glanders 8531 46 

Animals having glanders to be killed 8532 47 

False pedigree of animals 8690 47 

Selling animals with false pedigree 8691 47 

Abandonment of disabled animals 8775 47 

Poisoning animals 8778 47 

Keeping cows in unhealthy places 8779 47 

Ram running at large . 8837 48 

Swine running at large 8838 48 

Removing skin from animal 8841 48 

Scabby sheep 8842 48 

Bringing infected animals into the state 8843 48 

Disobeying orders of the State Veterinary Surgeon 8844 48 

Receiving and transportation diseased sheep ._ 8845 48 

Moving diseased sheep 8846 49 

Importing diseased cattle into the state 8847 49 

Receiving or transporting diseased cattle .'_ 8848 49 

Obstructing State Veterinary Surgeon 8849 49 

Diseased animals 8867 50 

Regulating the practice of veterinary medicine and surgery 
in the State of Montana. Chapter 82, Session Laws 

of 1913 50 

Opinions of the Attorney General: 

Regulating the sale of meat from tuberculous animals 58 

Interfering with or obstructing tuberculin test 61 

Right to quarantine against inter-state shipments 63 

Duty of carriers to hold inter-state shipments until 

inspected :. 64 

Tuberculin animals. Authority to destroy or adopt 

Bang system 67 

Powers and duties of the Live Stock Sanitary Board 69 

Duties of the Board of Veterinary Medical Examiners 71 
Authority to destroy diseased animals. Treatment of 

inter-state shipments 72 

Expenses of sheriffs in enforcing quarantine regula- 
tions .-. , 73 

Unlawful to conduct a dairy without a license 75 

Duty of Board of Veterinary Medical Examiners to 

issue a license 77 

Determination of value of animals destroyed ,. 78 

Construction of statute on sheep quarantine 80 

Salvage monies. How to be paid . 81 

Removal of tuberculous animals from one ■ county to 
another for other than immediate slaughter pro- 
hibited 82 

Instructions : 

General instructions governing the inspection of live 
stock and eradication of infectious contagious 

diseases, and disinfection 84 

Official disinfectants with instructions for their use 87-92 

Disinfection of hides 93 

Notice to owners of live stock objecting to inspection 93 

Post mortem inspection 94 

Necrobacillosis 94 

Salvage of animals and property '. 94 

Forms to be used for indemnity 94 

Inter-state inspections 95 



TABLE OF CONTENTS 

Sec. Page 
Authority of Deputy State Veterinary Surgeons to in- 
spect live stock shipments 95 

Reporting change of post office or telegraphic address 95 

Reporting inspections 95 

List of official forms and their use 96 

Weekly reports 97 

Expense accounts .'. 98 

Fees allowed for per diem work 99 

Official dips . 99 

Instructions governing the dipping of live stock and 

testing of dips 100 

Dipping with oil 109 

Directions for applying the Subcutaneous Tuberculin 

Test 110 

Instructions governing the Indradermal Tuberculin 

Test Ill 

Instructions for applying the Opthalmic Mallein Test 115 

Instructions for forwarding blood sera and tissues for 

examination ". 117 

Live Stock Sanitary Board Orders: 

Tuberculous in cattle — Order No. 5 IIS 

Dourine in horses — Order No. 6 119 

Tuberculin reactors held in quarantine — Order No. 7 120 

Governing the sale, distribution and use of hog cholera 

serum and virus — Order No. 8 121 

Subcutaneous, and Intradermal Tuberculin Test — Order 

No. 10 122 

Accepting shipments from Illionis — Order No. 11 123 

Quarantining mares and stallions on Ft. Belnap Reser- 
vation—Order No. 12 123 

Prohibiting the importation of hog cholera virus- 
Order No. 13 123 

Requiring Federal certificate on cattle from Wisconsin 

and New York— Order No. 16 124 

Requiring tuberculin test on cattle exhibited at State 

Fair— Order No. 17 124 

Accepting shipments from South Dakota — Order No. 18 125 

Providing for the admission of cattle from tuberculous 

free herds— Order No. 20 125 

Governing the importation of live stock and dogs into 

Montana— Order No. 25 126 

Agreement for the tuberculin testing of herds to be 
placed on the tuberculous free herd list — Order 

No. 26 130 

Official charges for inter-state inspection — Order No. 

27 132 

Brands owned by the Live Stock Sanitary Board, and 

their use— Order No. 28 134 

Branding or marking cattle and horses for identifica- 
tion when being tested — Order No. 29 135 

Official Accredited Tuberculous Free Herds — Order 

No. 30 135 



Live Stock Sanitary Laws of Montana 



CHAPTER 157— SESSION LAWS 1917. 
A BILL FOR AN ACT ENTITLED: "An Act to Pro- 
vide for the Appointment of the Members of the Live Stock 
Sanitary Board and Prescribing Their Powers and Duties ; 
to Provide for the Appointment of Deputy State Veterinary 
Surgeons, Inspectors, Specialists, and Other Agents of the 
Board and Prescribing Their Powers and Duties ; to Provide 
Regulations and Methods for the Eradication or Prevention 
of Disease in Domestic or Other Animals, Their Quarantine, 
Ipspection and Treatment; to Provide. for the Destruction of 
Animals Diseased or Exposed to Disease, Together with the 
Destruction of Other Property, and Compensation Therefor; 
to Regulate Public Buck Herds ; to Provide for Tuberculin 
Testing of Dairy Cattle, and Other Regulations for the Pro- 
tection of Domestic Animals and Live Stock; to Prescribe 
Penalties for the Violation of this Act and to Repeal Sections 
1862, 1863, 1864, 1865, 1866, 1867, 1868, 1869, 1870, 1871, 
1872, 1873, 1874, 1875, 1876, 1877, 1878, 1879, 1880, 1884, 
1885 ,1886, 1887, 1888, 1889, 1890/ 1891, 1892, 1893, 1894, 
1895, 1896, 1897, 1898, 1899, 1900, 1901, 1902, and 1903 of 
the Revised Codes of Montana, 1907 ; Chapter 146 of the 
Session Laws of 1911 ; Chapters 68, 90, and 123 of the Session 
Laws of 1913 ; and Chapters 9 and 140 of the Session Laws 
of 1915/' 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. Creation of Live Stock Sanitary Board. The 

President of the Live Stock Commission, the President of the 
State Board of Health, and the State Veterinary Surgeon 
shall, ex-officio, constitute a Board to be known as the Live 
Stock Sanitary Board. The Board shall have -the powers and 
perform the duties hereinafter defined, and a majority of the 
Board shall constitute a quorum for the transaction of busi- 
ness. The Board shall organize by electing one of their num- 
ber Chairman,' and whenever the personnel of the Board 
changes, by the advent of a new member, the Board shall 
again organize by electing a Chairman. The State Veterin- 
ary Surgeon shall, ex-officio, act as Secretary of the Board, 



10 LIVE STOCK SANITARY LAWS OF MONTANA 

without «extra compensation. The members of the Board 
who are not receiving annual or monthly salaries as officials 
of the State, or State Boards, or of any county shall receive 
the sum of Ten Dollars per day for each day the Board is in 
session, and all members shall receive their actual and neces- 
sary traveling expenses in going to and from meetings of the 
Board. All claims for per diem and expenses must be sworn 
to and accompanied with vouchers for each item of expense, 
and audited and allowed by the State Board of Examiners 
against the fund hereinafter provided for. Meetings of the 
Board shall be held upon call of the Secretary, after giving 
reasonable notice, to the members of the time and place, and 
must not exceed two meetings per year, except in cases of 
urgent necessity where immediate action pertaining to live 
stock sanitation is required. 

Section 2. 1. Deputy State Veterinary Surgeons. The 

State Veterinary Surgeon may by and with the approval of 
the Live Stock Sanitary Board appoint District Deputies as 
the occasion may require, who must be graduates of a regu- 
lar and reputable veterinary college or the veterinary depart- 
ment of a regular and reputable university, and who shall 
receive such compensation as may be allowed by the Board. 
The State Veterinary Surgeon may by and with the approval 
of the Sanitary Board appoint, in various localities of this 
State, among veterinarians permanently located therein, 
Resident Deputies who must have the same qualifications 
as District Deputies, who shall be subject to the orders of the 
State Veterinary Surgeon and the Sanitary Board and who, 
together with the permanently employed Deputies to the 
State Veterinary Surgeon, shall have equal powers under the 
direction of the State Veterinary Surgeon and the Sanitary 
Board in accordance with the provisions of this Act. Resi- 
dent Deputies, however, shall be paid only for actual services 
performed when directed so to do by the State Veterinary 
Surgeon or the Sanitary Board, and for such services, when 
so directed, shall receive the sum of not more than Eight 
Dollars per day, together with actual traveling expenses. 

2. The State Veterinary Surgeon may by and with the 
approval and consent of the Sanitary Board appoint inspect- 
ors, or other agents, as occasion may require, who shall re- 
ceive such compensation as may be allowed by the Sanitary 
Board, and whose duty it shall be to assist the State Veterin- 



LIVE STOCK SANITARY LAWS OF MONTANA 11 

ary Surgeon, or his Deputies, and to see that the orders of 
the State Veterinary Surgeon, and the provisions and regula- 
tions of the Sanitary Board are carried out. 

3. The Deputy State Veterinary Surgeons, and live 
stock inspectors, or other duly authorized representatives, of 
the Sanitary Board are hereby authorized and empowered to 
enter upon any grounds or premises in this State for the pur- 
pose of inspection, quarantine, or disinfection. They shall 
also have power under the direction of the State Veterinary 
Surgeon to carry out any other of the provisions of this Act. 

Section 3. Employment of Specialists. The Sanitary 
Board shall have authority to establish and maintain a labor- 
atory and to employ one or more specialists and assistants 
who shall receive such compensation as may be allowed by 
the Sanitary Board, to investigate any subject tending to 
foster, promote, or protect the live stock industry of the 
State, and to cause to be made any biological product, cura- 
tive or preventative agent, or perform any act which in their 
judgment is necessary or will tend to foster, promote, or 
protect the live stock industry. 

Section 4. Appointment of Federal Inspectors to Act 
as Deputy State Veterinary Surgeons. Subject to the ap- 
proval of the Chief of the Bureau of Animal Industry of the 
United States, federal inspectors may also be appointed 
Deputy State Veterinary Surgeons by the State Veterinary 
Surgeon with the approval and consent of the Sanitary 
Board. When so appointed they shall act without bond or 
compensation, and possess all the powers and duties of 
Deputy State Veterinary Surgeons, and shall hold such ap- 
pointments at the pleasure of the State Veterinary Surgeon 
and the Sanitary Board, so long as they remain inspectors of 
said Bureau and as such are stationed in this State. 

Section 5. Powers and Duties of State Veterinary Sur- 
geon. The State Veterinary Surgeon shall have the power, 
in addition to those already conferred upon him, and it shall 
be his duty: 

1. To act as chief executive sanitary officer of the 
Sanitary Board, and to do all other things necessary or pro- 
per for the successful enforcement of this Act. 

2. To control and supervise and direct the action of all 
Deputies, inspectors or other agents. 



12 LIVE STOCK SANITARY LAWS OF MONTANA 

3. To enter on or in and examine any car, yard, stable, 
steam boat, corral, or other building, or any premise, and to 
examine any live stock therein or thereon, and otherwise to 
do therein or thereon whatever may be found necessary br- 
proper in the discharge of his official duties. 

4. To quarantine any animal or animals suffering from 
or exposed to any contagious, infectious or dangerous disease ; 
to prohibit their movement or transportation without a cer- 
tificate from him, and to quarantine premises infected or 
believed to be infected and prohibit the movement of stock 
therefrom or thereon; and to superintend and control the dis- 
infection "of any such premises, and to use any curative, pro- 
tective or immunizing antitoxins or serum, or any diagnostic 
agents as needed, and to order and accomplish the slaughter 
of live stock suffering from dangerously contagious or infec- 
tious disease, or incurable disease ; or live stock exposed to dis- 
ease, the slaughter or quarantine of which may become neces- 
sary under the regulations of the Board; and to order and ac- 
complish the disposition of the carcasses of such slaughtered 
stock; and to superintend, control and accomplish the burial 
or other disposition of the carcasses of any animals dying 
from any of said diseases. 

5. To make complaint against any person or persons 
violating any law relative to live stock, and to procure a war- 
rant whenever conditions permit ; and to bring the person or 
persons before the proper magistrate or officer and notify 
the Sanitary Board thereof and of his action. 

Section 6. Powers and Duties of State Sanitary Board. 
The State Veterinary Surgeon and the Sanitary Board shall 
have power, in addition to the powers now conferred upon 
them by law. 

1. To supervise and control the action of all Deputies, 
inspectors, agents, and specialists, and to prescribe regula- 
tions to govern them. 

2. To remove all its appointees, subordinates and ser- 
vants at any time with or without cause. 

3. To supervise the sanitary condition of live stock of 
this State ; and they are authorized and empowered to quar- 
antine any lot, yard, pasture, field, farm, town, city, town- 
ship, county, or any part of this State, or any stall, en- 
closure, barn, stable, or building whenever it shall be deter- 
mined, as provided by law, by the State Veterinary Surgeon, 



LIVE STOCK SANITARY LAWS OF MONTANA 13 

or Acting State Veterinary Surgeon, that the live stock 
therein or thereon are affected with a contagious, infectious, 
or communicable disease, or are infested with insects or other 
agencies or means by which such disease is communicated; 
and to prescribe and enforce sanitary and police regulations 
which may be deemed necessary to circumscribe and extir- 
pate such disease. Said Board shall give notice of the estab- 
lishment of any quarantine to the owner, foreman, or the 
keeper of the live stock so quarantined, which notice may be 
by publication, or by service personally or by registered mail 
on the foreman, owner, or keeper of the live stock. In the 
case of district quarantine notice shall also be given to the 
proper officials of railroads, steam boats, or other transporta- 
tion companies doing business in or through the quarantined 
parts of the State, which said notice may be given by publi- 
cation in such newspapers of the State as the Board may 
select, or by mail. 

4. To establish and maintain regulations that may be 
deemed expedient; or as may be from time to time necessary 
to prevent and suppress contagious, infectious or dangerous 
animal diseases, including the authority to prohibit the im- 
portation of animals when deemed necessary by them as a 
sanitary safeguard. Provided, that all sanitary regulations 
adopted by the State Veterinary Surgeon and Sanitary Board 
or to be recommended to the Governor, shall as far as is 
possible, be in conformity and harmony with the regulations 
of the Secretary of Agriculture of the United States, as the 
same may exist from time to time; and, provided further, 
that in case of acutely contagious, infectious, or rapidly 
fatal disease the powers conferred by this paragraph on the 
Board may be exercised by the Chairman or Secretary. 
Copies of such regulations shall be printed and furnished to 
all railway common carriers within this State and all Depu- 
ties within this State, members of the different health 
boards, and to the sheriffs of each county within the State, 
who shall keep them posted in their offices. 

5. To aid the prosecution of all alleged violations of this 
Act or violations of the regulations prescribed in conformity 
with this Act ; and to aid prosecution for interfering with the 
lawful actions of their appointive officers. 

6. To direct and regulate the slaughter of all diseased 
animals and the dipping and treating thereof for disease, and 



14 LIVE STOCK SANITARY LAWS OF MONTANA 

to order and regulate the gathering and handling of range 
and other live stock to that end, and to make all and any 
necessary regulations or rules or orders relative to the 
gathering, handling, and treating or destruction of any ani- 
mal mentioned herein suffering from or exposed to any con- 
tagious or infectious disease. 

7. In the case of scabies, or any other infectious or 
contagious disease among domestic animals on the public 
range if, after due notification, the owner, agent or person 
in charge fails, within ten days, subsequent to such notifica- 
tion from the State Veterinary Surgeon, or Deputy, or Sani- 
tary Board, to take such animal or animals up and properly 
treat the same, under the direction of the State Veterinary 
Surgeon, or Deputy, then the Sanitary Board shall have 
authority to order the rounding up of such animal or animals 
and procure the proper treatment of the same by the State 
Veterinary Surgeon, or Deputy, all of which expense shall be a 
first lien upon the animal or animals and said lien shall take 
precedence over all other liens; provided, in case of scabies 
the time for gathering and rounding up range animals may 
be extended by written order of the Sanitary Board to a 
period of not exceeding sixty days from date of notification, 
or in case of emergency, on account of acutely dangerous 
diseases, may be limited by said Board to twenty-four hours 
or less, as in their judgment is necessary. Provided further, 
that if any of said domestic animals on the public range are 
estrays and the owner thereof is not known and cannot with 
reasonable diligence be found, then the Sanitary Board shall 
have the same authority to order the rounding up of and to 
procure the treatment of said animal or animals as is herein 
conferred upon it in handling animals other than estrays 
and said estray animals shall be subjected to all the provisions 
of this Section ; and provided further that any animal or ani- 
mals upon which a lien is created by this section may, upon 
order of the Sanitary Board, be sold at public sale to the 
highest bidder, after at least ten days' notice to be given in 
such manner as the Sanitary Board may provide, the pro- 
ceeds from such sale to be applied, first in satisfying said 
lien and the balance, if any, to be turned over to the owner, 
if known. If the owner of the animal or animals so sold is 
not known then the balance, if any, is to be deposited with 



LIVE STOCK SANITARY LAWS OF MONTANA 15 

the Secretary of the Live Stock Commission, to be by him 
held subject to proof of ownership of the animal or animals 
sold, for a period of two years from the date of sale, at which 
time if no person has proven his ownership of the animal or 
animals sold, such balance must be transferred to the credit 
of the stock indemnity fund, and no action for the recovery 
thereof by the owner of such animal or animals or his assigns 
shall thereafter be maintained. 

8. The Sanitary Board shall have authority to prescribe 
how live stock shall be dipped, or otherwise treated, the kind 
of dip, and to make regulations for the information and 
guidance of the Deputies, inspectors, and other agents in the 
discharge of their duties. 

Section 7. Quarantine When Ordered. In all cases of 
scab or other external parasitical diseases where such para- 
site is commonly known, the exhibition of such parasite shall 
be made by the State Veterinary Surgeon, or his Deputy, 
when requested to do so by the owner, before the State Veter- 
inary Surgeon, or his Deputy, shall order the animals dipped ; 
provided, however, that such shall not be necessary in all 
animals in a herd, or band, or where positive and direct ex- 
posure is known to have occurred ; provided further, that ex- 
hibition of such parasite in sheep shall not be necessary when 
sheep have been exposed either directly to diseased animals, 
or which have crossed or been upon exposed range or prem- 
ises, and provided further, that the State Veterinary Sur- 
geon, or his Deputy, may order suspected diseased, or ex- 
posed, animals quarantined for a sufficient period to deter- 
mine whether or not infection has taken place. 

Section 8. Removal of Livestock From Quarantined 
Areas. Live stock may be moved from a quarantined part 
of the State to any other part of the State under and in com- 
pliance with the rules and regulations of the Sanitary Board, 
and it shall be unlawful to move, or allow to be moved, any 
live stock from one place to another place within the quaran- 
tined district or onto a quarantined district, or from any 
quarantined district to a district not quarantined, in any 
manner or method or under conditions other than those pre- 
scribed by the rules and regulations of the Sanitary Board. 

Section 9. Slaughtering of Diseased Animals. In all 
cases of contagious, infectious and communicable diseases 



16 LIVE STOCK SANITARY LAWS OF MONTANA 

existing among live stock, the Sanitary Board is hereby 
authorized and empowered to cause the slaughter of all live 
stock which are known to be so diseased, or have been ex- 
posed to such disease, when the State Veterinary Surgeon 
shall decide that the same is necessary for the protection of 
other live stock ; and said Board is hereby authorized to cause 
the destruction of all barns, stables, out-buildings, premises, 
fixtures, furniture, and personal property infected with any 
such contagious, infectious or communicable disease so far 
as in the judgment of the State Veterinary Surgeon may be 
necessary to prevent the spread of such disease, or where the 
same cannot be properly disinfected. 

Section 10. Payment for Animals and Property Des- 
troyed. Animals with reference to compensation for 
slaughter shall be divided into two classes. 

1. Animals determined by either the State Veterinary 
Surgeon or his Deputy to be affected with an incurable dis- 
ease requiring slaughter, such as tuberculosis, glanders, 
dourine, or other diseases determined to be incurable by the 
Sanitary Board, or believed and designated by them as incur- 
able, shall be designated as animals of the first class and 
shall be paid for according to their full assessed valuation 
thereof as shown on the last assessment roll of the county 
in which such stock was assessed; but the amount paid shall 
not in any case exceed the actual sound value of such stock 
at the time of the assessment, and shall in no case exceed 
the sum of Five Hundred Dollars for any one animal; nor 
shall compensation be paid for stock whose owner has in- 
tentionally evaded the taxation thereof. 

2. Animals diseased with an infectious, contagious, 
communicable or dangerous disease which is not necessarily 
fatal, or which are exposed to such disease, and which are 
destroyed as a sanitary safeguard shall be designated as 
animals of the second class and shall be paid for according to 
their full appraised valuation. Prior to the destruction of 
animals of the second class the State Veterinary Surgeon, or 
his authorized agent, shall agree with the owner upon the 
value of such stock to be destroyed, one certificate of the ap- 
praised value to be forwarded to the State Auditor, one to 
the Sanitary Board, and one given to the owner. In case an 
agreement cannot be made, the State Veterinary Surgeon, 
his agent, or member of the Sanitary Board shall notify the 



LIVE STOCK SANITARY LAWS OF MONTANA 17 

nearest Justice of the Peace and deliver to him the order 
therefor. The Justice of the Peace shall thereupon summon 
before him three discreet and reputable citizens who shall 
have no interest in the live stock to be slaughtered to act as 
appraisers of the value of the live stock and administer them 
an oath to make a true and impartial appraisement of the 
stock to be slaughtered without prejudice against or favor to 
anyone. Thereupon the appraisers shall inspect the stock 
and make appraisement thereof. They shall also return to 
the Justice of the Peace certificates of their valuation of the 
animal or animals so appraised, containing an accurate des- 
cription thereof. One of the certificates shall be filed with 
the Justice of the Peace; one shall be forwarded to the State 
Auditor; one to the Sanitary Board, and one to the owner or 
agent of the stock or property to be destroyed. The fee of 
the Justice of the Peace for swearing appraisers and filing 
certificates shall be the sum of Three Dollars, and the ap- 
praisers shall receive Three Dollars per day and their neces- 
sary traveling expenses while engaged therein, all of which 
shall be deducted from the value of the animals or property 
so appraised and paid upon order of the Board out of the 
Stock Indemnity Fund. The State Veterinary Surgeon, or his 
authorized agent, shall superintend the destruction of the 
carcasses of such animals, or of the property. 

3. Barns, stables, out-buildings, premises, fixtures, 
furniture, and personal property ordered destroyed under the 
provisions of this Act shall be appraised and paid for in the 
manner as provided for the payment of animals under the 
second class. 

4. Animals of the first class shall be paid for as ani- 
mals of the second class when a mistake has been made and 
no evidence of an incurable slaughterable disease is discover- 
ed upon autopsy or bacteriological, serologic, or microscopic 
findings. The value in such cases to be obtained from the 
best evidence obtainable. 

5. In the payment of animals of the first class the State 
shall pay one-half and the county where the said animals 
were owned shall pay one-half, out of the general fund of the 
county. 

6. Claims against the State and County arising from 

the slaughter of animals for the first class shall be made by 
the owner with the State Auditor and county commissioners, 



18 LIVE STOCK SANITARY LAWS OF MONTANA 

and affidavit from the owner that the animal or animals have 
been killed and buried in accordance with law and a certifi- 
cate from the State Veterinary Surgeon that such animal or 
animals were ordered destroyed, together with a certificate 
from the county assessor designating their assessed value or 
the minimum assessed value for that class of animal. The 
State Auditor shall examine the same and if found correct he 
shall issue a warrant upon the State Treasurer for fifty per- 
cent of the sum named in the return and the board of county 
commissioners shall cause to be paid fifty percent of the sum 
found in the return, from the general fund of the county in 
which the animals were owned. 

7. Where animals of the first class do not appear on the 
last assessment roll of the county, then the. value shall be the 
minimum value as found on the last assessment roll for that 
class of stock for the county in which the stock was owned. 

8. Where carcasses of animals ordered destroyed under 
this Act are found, upon post mortem inspection (which in- 
spection must be made in accordance with the regulations of 
the United States Bureau of Animal Industry by a State or 
Federal Veterinarian) fit for human consumption, the owner 
may receive the net proceeds from the sale thereof of such 
carcass, and shall have no further claim against the State on 
account of such slaughter. Should the owner refuse to ac- 
cept the money then the representative of the Sanitary Board 
may proceed to sell the carcass and the net proceeds obtained 
therefrom, in the case of animals of the first class, shall be 
made payable, fifty percent to the Live Stock Indemnity 
Fund and fifty percent to the treasurer of the county in 
which the animal or animals were owned. In the case of 
animals of the second class, all salvage moneys shall be made 
payable to the Live Stock Indemnity Fund. 

Section 11. When Compensation Shall Not Be Paid. 
Owners of animals slaughtered, or of property destroyed, as 
herein provided shall be entitled to indemnity therefor to the 
extent of such assessed or appraised value, excepting in the 
following cases: 

1. Animals belonging to the United States. 

2. Animals brought into the State in violation of any 
of the provisions of this Act. 



LIVE STOCK SANITARY LAWS OF MONTANA 19 

3. Animals which the owner or claimant knew to be 
diseased or had notice thereof at the time they came into his 
possession. 

4. Animals which had the disease for which they were 
slaughtered or which were destroyed by reason of exposure 
to the disease, at the time of their arrival in the State, pro- 
vided, that any animal or animals of the second class which 
were shipped into the State in accordance with the Sanitary 
Board Regulations and accompanied by the proper certificate 
of health from a recognized state or federal veterinarian^ 
may be paid for if such payment is authorized by the Live 
Stock Commission and the Sanitary Board, and approved by 
the State Board of Examiners. 

5. Animals which have not been within the State of 
Montana for at least one-hundred and twenty days prior to 
the discovery of disease, provided that animals of the second 
class which have not been in the State one-hundred and 
twenty days may be paid for when such payment is author- 
ized by the Live Stock Commission and the Sanitary Board, 
and approved by the State Board of Examiners. 

6. When the owner or agent has not used reasonable 
diligence to prevent disease or exposure thereto. 

Section 12. Compensation by Federal Government. In 

all cases where the Federal Government compensates owners 
for live stock or property destroyed on account of an in- 
fectious, contagious or communicable disease, then such pay- 
ment as has been made by, or is due, from the Federal 
Government shall be deducted from the payment herein 
provided. 

Section 13. Notice to Owners of Animals or Property 
Condemned. Notice of condemnation of animals or property 
by the State Veterinary Surgeon, or his Deputy, after in- 
spection, shall be given, and such notice must be either per- 
sonally served, or served by mail, or by leaving at the resi- 
dence of such owner, or custodian, with any person over the 
age of fifteen years, except in cases of animals or property 
not in the direct custody of any person, and whose owner is 
either unknown or resides so far away as to make immediate 
notice impractical, or delay dangerous, and when animals are 
clinically diseased and not under restraint, which notice must 
designate the disease, and require that such owner or custo- 



20 LIVE STOCK SANITARY LAWS OF MONTANA 

dian kill the animal, and bury or burn it, in manner and time 
to be declared therein. 

2. If such owner or custodian fails to comply with such 
order, the State Veterinary Surgeon, or Deputy, may forth- 
with seize such animal or animals and enforce the order at 
the cost of such owner or custodian. If such owner or custo- 
dian disputes the existence of such disease or any slaughter- 
able disease, he shall serve a written notice of protest on the 
State Veterinary Surgeon, or Deputy (serving original 
notice) and shall fix in such notice of protest a time and 
place (the former not later than 136 hours after the service 
of original protest) when and where he will kill such animal or 
animals. Such notice of protest shall be served in season to en- 
able the State Veterinary Surgeon, or Deputy, to attend the 
Killing ; and thereupon the State Veterinary Surgeon or Deputy 
shall attend the killing and hold an autopsy on such animal or 
animals in the presence of the owner, or custodian or any other 
person by him selected to be present. Where no evidence 
of an incurable slaughterable disease is discovered upon 
autopsy, or bacteriologic, serologic, or microscopic findings, 
the animal or animals shall be paid for as in the case of ani- 
mals of the second class. But if found, a part of the tissue 
of each animal showing such lesion shall at the time be de- 
livered to such owner, custodian or representative, the receipt 
of the latter taken therefor, and another part of said tissue, 
and said receipt, sent to the State Veterinary Surgeon, who 
shall retain them until the claim is fully disposed of. .On any 
killing after notice or protest, a right of action shall arise in 
favor of the owner, or custodian, against said Sanitary 
Board; but recovery in such action shall not be had unless 
the non-existence of such lesion or evidence at the time of 
the examination be affirmatively proven. Any judgment 
recovered by the plaintiff in such action shall be paid out of 
the Stock Indemnity Fund. In all cases where animals of the 
first class are killed without notice, autopsy shall be held, 
and a certificate of the discovery or non-discovery of lesions, 
together with part of tissue be forwarded the State Veterin- 
ary Surgeon as above, except when the animal or animals to 
be slaughtered show unmistakable symptoms of disease re- 
quiring slaughter, in which event a certificate stating said 
fact shall be forwarded to State Veterinary Surgeon. 



LIVE STOCK SANITARY LAWS OF MONTANA 21 

3. When no lesion is found and the value of the meat 
for human consumption has not been affected, the State 
Veterinary Surgeon or Deputy holding the autopsy shall issue 
a permit of sale and the carcass may be sold for food, after 
inspection and proper certification of such fact is made by 
the State Veterinary Surgeon or Deputy. 

Section 14. Expense for Treating or Burying Animals. 

The owner, or custodian, shall be alike liable for expenses in- 
curred in the treatment, dipping, or handling of any live 
stock under the provisions of this Act, or for the proper dis- 
position or burial of any live stock which dies from a contag- 
ious, infectious, or communicable disease, or is destroyed on 
account of an infectious, or contagious, or communicable dis- 
ease, and whenever such owner or custodian is so liable for 
such expenses the State Sanitary Board shall have a lien on 
said live stock or any other live stock owned by the person 
liable, and which lien shall be a first lien and precede any 
other lien or claim, or demand, against said property. The 
Sanitary Board may also maintain civil action for the amount 
of such expenses against a person liable therefor. 

Section 15. Enforcement of Sheep Quarantine. The 

Sanitary Board, and when the Board is not in session the 
State Veterinary Surgeon, may employ persons to take charge 
of all diseased or exposed sheep under quarantine upon the 
failure of the owners to take care and to assist the State 
Veterinary Surgeon or assistant, and the person so employed 
shall be under the supervision and control of the Sanitary 
Board and the State Veterinary Surgeon. 

Section 16. Duty to Inspect Sheep. It shall be the 
duty of Deputies or other duly authorized agents of the 
Sanitary Board to inspect all sheep which he, or they, may 
have received notice, or information, are affected with or 
have been exposed to any infectious, contagious disease, and 
if the sheep are found affected with, or have been exposed 
to, any infectious or contagious disease they must be quaran- 
tined and the regulations for their quarantine, holding and 
treatment must be at once made by the Deputy, or authorized 
agent. Deputies and duly authorized agents of the Sanitary 
Board shall have the authority, with the advice and consent 
of the State Veterinary Surgeon to determine and superintend 
the preparation and mixture of material used in dipping 



22 LIVE STOCK SANITARY LAWS OF MONTANA 

sheep and other live stock, and must cause all sheep so 
dipped and quarantined on account of scabies or exposure to 
scabies to be distinctly marked with a red letter "S" on the 
right side. All sheep dipped shall be held in quarantine at 
least ninety days after the last dipping; or until released 
therefrom by a Deputy or duly authorized agent of the Sani- 
tary Board or upon the order of the State Veterinary Surgeon. 

Section 17. Official Supervision of Dipping. Upon re- 
ceipt of information that any sheep are affected with or 
have been exposed to any infectious or contagious disease, 
the Deputy or agent of the Sanitary Board must immediately 
cause such sheep, and all sheep running in the same flock 
or upon the same or contiguous range with them, to be ex- 
amined and if found so diseased, or exposed to disease, to be 
quarantined and held within a certain limit, or place, to be 
designated by him, and such sheep must be held in quaran- 
tine until the owner, or person in charge, or the inspector has 
eradicated such scabies or other infectious or contagious 
disease, and the inspector issues a certificate stating such 
facts and releasing such sheep from quarantine. When 
sheep affected with, or exposed to, any infectious or contag- 
ious disease have been kept in any building or corral, the in- 
spector must inspect and quarantine such premises and pro- 
hibit any sheep being placed therein until such premises have 
been cleaned and thoroughly disinfected, which must be at- 
tended to within ten days from date of quarantine. In the 
dipping of sheep for scabies, such dipping must be under the 
supervision of an authorized agent of the Sanitary Board. 

Section 18. Quarantine of Infected Premises and Dis- 
eased Animals. In all cases of scab or other infectious or 
contagious disease among sheep in this state the State Veter- 
inary Surgeon, Deputy, or inspector, has authority to order 
a quarantine of the infected premises and diseased animals, 
or animals exposed to such disease, and to define the limits 
within which such sheep must be kept, and to prohibit any 
other animals from being driven into 6r across or kept with- 
in such quarantine limits; provided, that in all cases sheep 
shipped into this State must be quarantined separately, and 
in no case shall foreign sheep be mixed or quarantined on the 
same area with native sheep, and all native sheep must be 
quarantined within the limits of their accustomed range and 
in case such disease becomes enzootic or epizootic in any 



LIVE STOCK SANITARY LAWS OF MONTANA 23 

locality in this State, upon notification from the State Veter- 
inary Surgeon the Governor must issue a proclamation, or the 
Live Stock Sanitary Board a regulation, forbidding any sheep 
to be transferred from such locality without a certificate 
from the State Veterinary Surgeon, Deputy or inspector, 
showing such sheep to be free from any infectious or con- 
tagious disease, and forbidding all persons from driving any 
sheep into or across such locality, or keeping or herding 
them therein. Any sheep going, or being driven into or 
across such prohibited locality or quarantine premises, shall 
be deemed exposed to such infectious or contagious disease, 
and may be so declared and detained in quarantine, and if 
deemed necessary by the State Veterinary Surgeon, Deputy, 
or inspector, may be dipped. 

Section 19. Duty of Railroad Company to Notify State 
Veterinary Surgeon. When any sheep are delivered to any 
railroad or transportation company for shipment to this 
State, as a point of destination, it shall be the duty of such 
transportation company to notify the State Veterinary Sur- 
geon by telegraph the date of said shipment, the name of the 
place from which they are shipped, the point of destination, 
the number of cars, the names of the consignor and con- 
signee, and the probable date of the arrival of the said sheep 
at their destination; and when any sheep are billed to be 
shipped through the State and afterwards the point of des- 
tination is changed to some place within the State it shall be 
the duty of the railroad or transportation company upon re- 
ceiving a request to change the point of destination, to notify 
the State Veterinary Surgeon by telegraph, giving the name 
of the consignor and consignee, the number of cars, and the 
point of destination to which the shipment is changed. In no 
case must any sheep affected with, or having been exposed 
to any infectious or contagious disease, be removed or allowed 
to be removed, from one point to another, within any county, 
or from one county to another in this State, without a written 
certificate from the State Veterinary Surgeon, or Deputy. 
It shall be unlawful for any railroad company or transporta- 
tion company to ship sheep from one place to another, with- 
in this State, in cars in which other sheep have been shipped, 
until such cars have been cleaned and carefully disinfected, 
under the supervision of the State Veterinary Surgeon, 
Deputy, or authorized agent, who shall give a certificate of 



24 LIVE STOCK SANITARY LAWS OF MONTANA 

such inspection, which shall accompany the shipment. It 
shall be the duty of every railroad or transportation company, 
before cleaning or disinfecting any such car or cars, to give 
notice to the State Veterinary Surgeon, Deputy, or authorized 
agent, at least five days before the cars are to be so cleaned 
and disinfected ; and it shall be the duty of the State Veterin- 
ary Surgeon, Deputy, or authorized agent upon such notice 
being given, to inspect, on or before such date, such car or 
cars, so cleaned and disinfected, and to give the proper certi- 
ficate therefor. It shall be the duty of every railroad or 
transportation company in this State to keep all yards, cor- 
rals, sheds, or buildings in this State used by such company 
for holding or feeding live stock in transit, and all cars 
used for shipping live stock, clean and free from infection 
from scab, or other infectious or contagious disease; and it 
shall be the duty of the State Veterinary Surgeon, Deputy, 
or authorized agent to inspect such yards, corrals, sheds, 
buildings, and cars, when deemed necessary, and if they are 
infected or exposed to infection from any infections or 
contagious disease, to at once notify such company of 
the fact, and declare the premises and cars in quaran- 
tine, and forbid any animals from being placed or kept 
therein, until the premises and cars are disinfected; 
and it shall be the duty of the company to cause the 
premises to be thoroughly cleaned and disinfected under the 
supervision of the State Veterinary Surgeon, and if they fail 
to do so within five days after such notice, the State Veter- 
inary Surgeon, Deputy, or authorized agent, shall cause the 
premises to be disinfected. The State Veterinary Surgeon 
and the inspector shall have authority to enter into all such 
cars, yards, corrals, sheds or buildings, for the purpose of in- 
specting or disinfecting same. The fees and expenses of the 
State Veterinary Surgeon, Deputy, or authorized agent, and 
all expenses incurred in inspecting and disinfecting such 
premises and cars, shall be a charge against the railroad or 
transportation company, and may be recovered in a civil ac- 
tion in any court of competent jurisdiction. The notice above 
mentioned may be served upon the agent or other official in 
charge of the station at which such yards, corrals, sheds, 
buildings, or cars are situated. 

Section 20. Owner or Agent of Imported Sheep to 
Notify State Veterinary Surgeon. Within five days previous 



LIVE STOCK SANITARY LAWS OF MONTANA 25 

to the arrival of any sheep in this State, from any other state 
or territory, the owner or agent of the sheep must report by 
telegraphic dispatch, to the State Veterinary Surgeon, at 
Helena, Montana, stating from what country, state, or terri- 
tory the sheep are shipped or being driven from, the number 
thereof, and the place where they will first enter the State, 
and where it is intended to unload them, or, the notice may 
be given by registered mail, if mailed in time so that in the 
ordinary course of mails it will reach the State Veterinary 
Surgeon's office five days before the sheep would reach the 
State, and the State Veterinary Surgeon shall, immediately on 
receipt of such notice, notify an authorized agent of the sani- 
tary Board, and it shall be the duty of the agent to im- 
mediately inspect the sheep, and to maks such order or orders 
for their quarantine, treatment and dipping as may be 
necessary. 

Section 21. Expenses of Inspection. The expense of in- 
specting, feeding, holding, dipping, treating, marking, and 
taking care of all live stock inspected, quarantined, dipped, 
or otherwise treated under the provisions of this Act, in- 
cluding fees and expenses of the authorized agent of the 
Sanitary Board, on account of services rendered, must be 
paid by the owner, agent, or person in charge of the live 
stock, and the charge shall be a lien upon the live stock for 
such charges and expenses, which lien shall be prior to and 
paramount to any and all other liens, demands, or other 
claims against such live stock, and the agent of the Sanitary 
Board may retain possession of the live stock until the 
charges and expenses are paid; but the lien shall not be de- 
pendent upon possession, and the lien may be foreclosed in 
the name of the agent of the Sanitary Board by a sale of 
the stock, or as many thereof as may be necessary to pay the 
sum of the costs of sale at public auction on ten days' notice 
by posting thereof in three public places in the county, or 
such lien may be foreclosed by an action in any court of com- 
petent jurisdiction against the owners of the live stock to re- 
cover the amount of the charges and expenses; provided, 
however, that when the live stock has been shipped into the 
State, accompanied by the proper health certificate, and has 
complied with all the regulations of the Sanitary Board, 
and the provisions of any Governors' proclamations at that 
time in effect, and the laws of Montana, and all native live 



26 LIVE STOCK SANITARY LAWS OF MONTANA 

stock where reasonable diligence has been exercised to pre- 
vent disease or exposure thereto, the expenses of inspection 
and supervising, treating or dipping of such live stock shall 
be paid out of the funds at the disposal of the Sanitary Board. 
Section 22. Dipping of Sheep Temporarily in the State. 
Any sheep that are shipped or driven into this State, with 
the intention on the part of the owner of holding them with- 
in the State longer than is necessary to feed them in tran- 
sit, which feeding must be done in the railroad stock yards, 
corrals, or buildings, must be at once quarantined and dipped 
under the supervision of the State Veterinary Surgeon, 
Deputy, or authorized agent, at the point of entry or unload- 
ing, or as near such point as may be deemed safe by the State 
Veterinary Surgeon, Deputy, or authorized agent, without 
danger of scattering infection, and when so dipped shall be 
branded with a red letter "S" on the right side. After the 
sheep are so dipped and branded, they may be moved to the 
ranch or range where it is the intention of the owner to 
keep them, providing they can be moved to such ranch or 
range within ten days, when they must be dipped a second 
time; Provided, that any sheep that are shipped into the 
State of Montana over any railroad with the intention on the 
part of the owner of holding them within the State longer 
than is necessary to feed them in transit (which feeding 
must be done as hereinbefore provided) may be accompanied 
by a certificate of an official graduate veterinarian setting 
forth that the sheep are clean, are free from scab or other 
contagious or infectious disease; that they come from a 
locality which is free from scab or other contagious or in- 
fectious diseases, and that the cars in which they were ship- 
ped were properly disinfected and were free from infection. 
Sheep accompanied by a certificate of an official graduate 
veterinarian shall be inspected at the first unloading point in 
this State under the direction of the State Veterinary Sur- 
geon and when accompanied by such certificate and so in- 
spected and found free from scab or other infectious or con- 
tagious disease, the animals need not be dipped as herein- 
before provided, but shall be branded with a red letter "S" on 
the right side, and then trailed from their final unloading 
point under the direction of the State Veterinary Surgeon 
to their range, which range shall be owned or occupied pre- 
viously by the owner of the sheep, and thereupon quaran- 



LIVE STOCK SANITARY LAWS OF MONTANA 27 

tined for a period of not less than ninety days, and as much 
longer as is necessary at the discretion of the State Veter- 
inary Surgeon. Provided; That sheep so shipped into the 
State shall not be trailed through the State for any distance 
exceeding fifty miles from the point of unloading at which 
such trailing begins, without being quarantined and dipped as 
herein first provided. And provided further ; that sheep that 
have been unloaded in transit into yards which have not 
been disinfected since holding other sheep outside the State 
of Montana shall not be deemed clean or free from scabies or 
other infectious or contagious disease, and shall be quaran- 
tined and dipped as herein first provided. And provided 
further; that sheep driven into this State (which sheep shall 
be animals that are habitually grazed in this State, or an ad- 
joining state, and not otherwise) may be accompanied by the 
certificate of an official graduate veterinarian, as before pro- 
vided, shall be inspected at the State line under the direction 
of the State Veterinary Surgeon of Montana ; and before 
driving such sheep in this State, the owner or person in 
charge shall procure from the State Veterinary Surgeon or 
an authorized agent, permit to drive the sheep over a certain 
route to their destination; which destination shall not exceed 
seventy-five miles from the State line. If the sheep are ac- 
companied by such certificate, and upon inspection, are found 
free from scab or other contagious or infectious disease, they 
need not be dipped, but shall be branded with a red letter 
"S" on the right side, and shall then be trailed from the State 
line, under the direction of the State Veterinary Surgeon to 
their range, which range shall be owned or previously oc- 
cupied by the owner of the sheep, and shall be quarantined on 
such range for a period of not less than ninety days and as 
much longer as is necessary in the judgment of the State 
Veterinary Surgeon; otherwise, and in either instance, they 
shall be quarantined and dipped as herein first provided. 
And provided further that the State Veterinary Surgeon may, 
if in his judgment the circumstances of any particular case 
warrant such action on his part, order any sheep shipped or 
driven into the State to be quarantined and dipped as herein 
first provided if, before making such order he shall receive 
from the Sanitary Board its approval in writing for such 
action on his part. Provided further; that all rams entering 
the State of Montana from other states, must be dipped twice 



28 LIVE STOCK SANITARY LAWS OF MONTANA 

at an interval of not exceeding fourteen days according to 
the regulations of the Sanitary Board at, or as near the point 
of entry as is practical, and after the second dipping such 
rams must be quarantined for a period of not less than ninety 
days and until inspected and released by a representative of 
the Sanitary Board, but may be used for service in which case 
all ewes must be likewise quarantined for a period of not less 
than ninety days, and until inspected and released by a 
representative of the Sanitary Board on land owned, leased or 
controlled by the owner. Provided further; that where 
rams are shipped into the State for sale they shall be dipped 
and quarantined in one place for a period of not less than 
ninety days. 

Section 23. Certificate to Run a Public Buck Herd. No 
person or persons shall conduct what is known as a public 
buck herd in this State without first receiving from the 
State Veterinary Surgeon a permit to do so. Such permit 
must be in writing, and signed by the State Veterinary Sur- 
geon, and must be issued by him upon receipt of an appli- 
cation in writing for a permit. All persons receiving a per- 
mit to conduct such herds shall, on or before the 15th day of 
July in each year, report to the State Veterinary Surgeon 
the number of bucks in the herd, the owners thereof, and the 
number owned by each, and where the herd is kept, and any 
subsequent additions made to the herd must be reported to 
the State Veterinary Surgeon as soon as made. It shall be 
the duty of the State Veterinary Surgeon to cause all such 
buck herds to be inspected. The keeper of such herds shall 
not permit any animals to be removed from the herd, and no 
person shall remove any animals therefrom, until inspected 
and certificate of health issued. When animals are so re- 
moved, the keeper of such herd shall give to the owners or 
persons removing bucks a copy of the certificate of the State 
Veterinary Surgeon, and such owner or person must, on de- 
mand of any sheep owner in this State, exhibit such certifi- 
cate. A public buck herd within the meaning of this Act 
shall be one consisting of bucks owned by two or more per- 
sons or partners. 

Section 24. Tuberculin Test of Dairy Cattle. It shall be 
the duty of the State Veterinary Surgeon and his Deputies, in 
addition to the duties now or which may be hereafter con- 
ferred upon them by the Sanitary Board, to apply the tuber- 



LIVE STOCK SANITARY LAWS OF MONTANA 29 

culin test, when directed by the Sanitary Board or State 
Board of Health, to all dairy cattle within the State, the milk 
or milk products of which is used for public consumption, or 
sold, disposed of, or given away in any manner for the use of 
the public. 

Section 25. Disposal of Tuberculous Cattle. Whenever 
tuberculosis is discovered in any bovine animal the owner of 
the tuberculous animals shall retain the animal or animals 
under such restrictions or rules as the Sanitary Board may 
direct, or the animal may be destroyed and compensated for 
as in animals of the first class. 

2. Shipment and Post Mortem Inspection of Tuber- 
culous Animals. Tuberculosis animals may be shipped with- 
in the boundaries of this State under the direction of the 
State Veterinary Surgeon or his Deputy, to any abbatoir 
where proper post mortem inspection may be made by the 
State Veterinary Surgeon, his Deputy, or Federal Inspector. 
The inspection must conform with the meat inspection regu- 
lations of the United States Bureau of Animal Industry. 
The carcass if passed on official state or federal inspection, 
may be used for food. 

Section 26. Duty of State and Local Boards of Health. 
It shall be the duty of the State and several local boards of 
health of any county, city, town, or village, in this state to 
co-operate with and assist the Sanitary Board in all matters 
relating to the execution of its sanitary powers as to live 
stock under this Act, in such manner as may be by the Sani- 
tary Board prescribed, either by general regulation or direct 
order. 

Section 27. Notice of Existence of Disease to be Given. 
Any person including the owner or custodian, who has reason 
to suspect the existence of any disease mentioned in this Act 
among live stock or the presence of exposed animals at any 
point within the State shall forthwith give notice thereof to 
the State Veterinary Surgeon. 

Section 28. Board to Have Authority to Administer 
Oaths. Whenever in the exercise of their powers or the dis- 
charge of their duties, it shall become necessary or proper for 
any member of the Sanitary Board, the State Veterinary 
Surgeon, or any of his Deputies, to investigate facts and con- 
ditions, he is hereby authorized to administer oaths, take 
affidavits and compel the attendance and testimony of wit- 



30 LIVE STOCK SANITARY LAWS OF MONTANA 

nesses, being given for such purposes all the powers of a 
Notary Public. 

Section 29. Definition of Words and Phrases. The 

phrase "dangerous, contagious, infectious, enzootic, and epi- 
zootic," as used in this Act shall be deemed to include farcy, 
glanders, tuberculosis, anthrax, rinderpest, rabies, foot-and- 
mouth disease, vesicular stomatitis, pleuro-pneumonia, 
cholera, swine plague, variola or pox, contagious abortion, 
contagious opthalmia, mal du coit or dourine, coital exanthe- 
ma, scab or scabies, or other contagious skin disease, necro- 
bacillosis, blackleg, malignant catarrh, hemorrhagic septice- 
mia, and any other disease of 5 live stock that may be control- 
led or eradicated by sanitary measures or regulations. The 
words "live stock" as used in this Act shall be deemed to in- 
clude horses, mules, asses, and cattle, sheep, goats, swine, 
dogs, cats, and any other domestic or wild animals. 

Section 30. Funds. There shall be created the Live 
Stock Saniary Board Account which, in addition to the State 
Live Stock Sanitary Board Fund, shall be used to defray all 
expenses created by this Act, except the salary of the State 
Veterinary Surgeon, his Chief Deputy, and stenographer, 
which shall be paid out of the General Fund. 

Section 31. Penalties for Violating Quarantine. If any 
owner, custodian, or any other person shall wilfully or in- 
tentionally break any quarantine and remove any quarantined 
animal or animals from any established quarantine to another 
point; or shall take any animal or animals into any estab- 
lished quarantine, or shall wilfully or intentionally drive or 
transport from one point to another any animal or animals 
known by him to be affected with or exposed to any con- 
tagious or infectious disease, or shall wilfully or intentionally 
sell milk or milk products from any such animal or animals, 
unless under conditions and regulations prescribed by the 
Sanitary Board, and under the written direction of the State 
Veterinary Surgeon, or Deputy, or fails to notify the State 
Veterinary Surgeon of the existence of a contagious or infect- 
ious disease among his animals, or expose thereto, or shall 
wilfully violate any provisions of the Act, or any regulations 
or orders lawfully made in conformity therewith, or shall in 
any manner hinder, resist or obstruct the execution of any 
such regulation or order, or hinder, resist or obstruct any of- 
ifcer or employe of said Sanitary Board in the discharge of 



LIVE STOCK SANITARY LAWS OF MONTANA 31 

his duty, or in the exercise of his lawful powers, or shall 
negligently break any quarantine, or shall negligently suffer 
any quarantined animal or animals to escape from quaran- 
tine, or take or allow any animal or animals to go into any 
quarantine area or premises, shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine of not more 
than Five Hundred Dollars, or imprisonment in the county 
jail not more than six months, or both fine and imprison- 
ment, and shall be liable for all damages which may be sus- 
tained by any person or persons by reason of such act or 
acts which damages may be recovered by such person or per- 
sons in a civil action in any court of competent jurisdiction. 

Section 32. Diseased Animals Not to Run at Large. 
It is unlawful for the owner or for any person in charge of 
any horse, mule, ass, sheep, goat, cattle, or other domestic 
animals affected with any contagious infectious disease to 
allow such animals to run at large on any range or within any 
enclosure where such animals may come in contact with any 
other animal not so diseased. All animals affected with con- 
tagious infectious disease must be at once removed by the 
owner thereof, or the person in charge of the same to some 
secure inside enclosure, where contact with other animals by 
reaching over or through the fence of the enclosure will be 
impossible, or must be strictly herded six miles away from 
any farm or from other stock running at large or being herd- 
ed. Every person who knowingly neglects or refuses to re- 
moved or to so enclose or herd away from farms or other 
stock, such diseased animals affected with contagious infec- 
tious disease, after receiving notice of their diseased condi- 
tion, is punishable as provided in Section 8531 (700) of the 
Penal Code, and is liable for damages to the party injured. 

Section 33. Penalties for Allowing Diseased Animals to 
Run at Large. It shall be unlawful for any owner, agent, or 
person in charge of, to permit any domestic animal or animals 
herein mentioned, that are known to be suffering from or ex- 
posed to any contagious or infectious disease, to run at large 
on the public range or public highway, and each offense shall 
be punishable by a fine of not less than Twenty-Five nor 
more than Five Hundred Dollars, or imprisonment in the 
county jail for a period of not more than six months, or both. 

Section 34. What Constitutes Breaking .Quarantine. 
Breaking quarantine shall mean the taking of any animal or 



32 LIVE STOCK SANITARY LAWS OF MONTANA 

animals or allowing any animal or animals (of the kind quar- 
antined by the State Veterinary Surgeon or Deputy) to go 
within or out of any building, corral, premises or range quar- 
antined by the Sanitary Board, State Veterinary Surgeon or 
Deputy. 

Section 35. Reports of State Veterinary Surgeon. The 
State Veterinary Surgeon shall, on or before the tenth day of 
December each year, make a written report to the Sanitary 
Board, which report must be transmitted by them to the 
Governor. 

Section 36. Repealing Clause. Sections 1862, 1863, 
1864, 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 
1874, 1875, 1876, 1877, 1878, 1879, 1880, 1884, 1885, 1886, 
1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 
1897, 1888, 1899, 1900, 1901, 1902, and .1903 of the Revised 
Codes of 1907; Chapter 146 of the Session Laws of 1911; 
Chapters 68, 90, and 123 of the Session Laws of 1913 ; Chap- 
ters 9 and 140 of the Session l^aws of 1915, and all Acts or 
parts of Acts in conflict with this Act are hereby repealed, 
save, however, the right to prosecute all civil or criminal 
actions that may have arisen under these provisions, which 
actions may be prosecuted with like force and effect as if 
said Acts had not been repealed. 

Section 37. This Act to Take effect April 15, 1917. 



CHAPTER 127, SESSION LAWS 1915. 

"An Act directing the levying of a tax on live stock, for 
the purpose of aiding in the payment of salaries and expenses 
of the Board of Stock Commissioners, the Board of Sheep 
Commissioners and the Live Stock Sanitary Board for the 
payment of indemnity for animals slaughtered and of ex- 
penses in investigating and suppressing diseases and for the 
payment of bounties on wild animals and repealing Chapter 
49 of the Session Laws of the Twelfth Legislative Assembly 
relating to the levying of a tax for the payment of bounties, 
stock inspection and indemnity purposes." 

Be It Enacted by The Legislative Assembly of the State of 
Montana : 

Section 1. In addition to appropriations made for such 
purposes, a tax is hereby authorized and directed to be levied 



LIVE STOCK SANITARY LAWS OF MONTANA 33 

on all livestock in this State for the purpose of aiding in the 
payment of the salaries and all expenses connected with the 
enforcement of the stock laws of the State of Montana and for 
the payment of bounties on wild animals, as hereinafter speci- 
fied. 

Section 2. The State Board of Equalization is hereby 
empowered and it is made its duty annually to prescribe the 
levy to be made against livestock of all classes for the pur- 
pose above indicated and the various Boards herein named 
shall have the right to recommend to said State Board of 
Equalization the amount of such levy. 

Section 3. The amount of such levy shall not in any 
event exceed the sum of one (1) mill which shall be levied 
to aid in the payment of the general expense of the Board of 
Stock Commissioners and of the Board of Sheep Commis- 
sioners, including salaries, office expense, detective expense, 
expense of prosecution, travel and all incidental expenses and 
a separate levy of not exceeding one and one-half (IV2) mills 
for the use of the State Livestock Sanitary Board for the 
payment of indemnity for animals slaughtered and of ex- 
penses incurred in investigating and suppressing diseases in- 
cluding expenses of quarantine and all expenses incurred for 
such purposes; Provided, that not more than fifty thousand 
($50,000.00) dollars of said State Live Stock Sanitary Board 
fund shall be set aside as an emergency fund and shall be ex- 
pended only when said Sanitary Board determines that an 
emergency exists, requiring its expenditure and it shall then 
be expended for such purposes as said Sanitary Board may 
order and direct. 

Section 4. The money received from the tax levied on 
sheep as provided in the first part of Section 3 of this Act 
shall be placed to the credit of the Sheep Inspection and In- 
demnity Fund and shall' be used to aid in the payment of the 
general expenses, salaries, office expense, detective expense, 
expense of prosecution, travel and other expenses of the Board 
of Sheep Commissioners, and the moneys received from the 
tax on all other stock, as provided in Section 3 of this Act, 
shall be placed to the credit of the Stock Inspection and De- 
tective Fund to be used for like purposes for said Board of 
Stock Commissioners. The moneys received from the tax 
levied by the second division of said Section 3, shall be 



34 LIVE STOCK SANITARY LAWS OF MONTANA 

placed in a fund to be known as the Live Stock Sanitary 
Board Fund, to be used by said Board for the payment 
of indemnity for animals slaughtered and for the pay- 
ment of expenses in investigating and suppressing diseases, 
including quarantine and all expenses connected therewith. 

Section 5. The taxes levied and the money collected 
pursuant to the provisions of Section 3 of this Act shall be 
transmitted annually with other taxes for State purposes to 
the State Treasury by the county treasurer of each county 
and such county treasurer shall designate the amount re- 
ceived from the tax levied on sheep and the amount received 
from the tax levied on all other livestock and shall specify 
said separate amounts in his report to the State Treasurer 
and such money when received by the State Treasurer shall 
be placed to the credit of the funds as provided in Section 4 
of this Act. 

Section 6. The State Board of Equalization shall, in ad- 
dition to the tax heretofore in this Act provide for, annually 
prescribe the levy to be made against livestock of all classes 
for the purpose of aiding in the payment of bounties on wild 
animals killed within this State which tax shall not in any 
one year exceed one and one-half (IV2) mills on the dollar 
upon the assessed valuation of such livestock and such money 
so received shall be used and applied only in payment of 
claims for bounty for the killing of wild animals after the 
passage and approval of this Act and the moneys received 
from the taxes so levied shall be transmitted annually with 
other taxes for State purposes to the State Treasury by the 
county treasurer of each county and when received by the 
State Treasurer, shall be placed to the credit of the bounty 
fund and such money shall thereafter be paid out only on 
claims duly and regularly presented to the State Board of 
Examiners in accordance with the law for the payment of 
bounty for the 'killing of wild animals. 

Section 7. All claims for bounty made against the State 
hereafter if passed, allowed and not paid within a period of 
thirty (30) days after presentation to and allowance by the 
State Board of Examiners shall be registered in the office of 
the State Board of Examiners in a book provided for such 
purpose and thereafter shall bear interest at the rate of four 
(4) per cent per annum until paid. 



LIVE STOCK SANITARY LAWS OF MONTANA 35 

Section 8. Chapter 49 of the Session Laws of the 
Twelfth Assembly and all Acts and parts of Acts in con- 
fliction with this Act be and the same are hereby repealed. 

Section 9. This Act shall be in full force and effect 
from and after its passage and approval. 

Approved March 8, 1915. 



CHAPTER 39, SESSION LAWS 1917. 

"An Act to amend Section 8492 of the Revised Codes of 
Montana, 1907, Relative to the Sale of Carcasses of Animals 
Affected with an Infectious Contagious Disease." 

Section 1. Section 8492 of the Revised Codes of Mon- 
tana is hereby amended to read as follows: 

"Section 8492. It shall be unlawful for any person to 
sell or offer for sale the carcass or any part of the carcass of 
an animal having Actinomycosis (Big Jaw), Tuberculosis, or 
any other infectious or contagious disease unless the same 
shall have been inspected and passed by a representative of 
the Lave Stock Sanitary Board or the United States Bureau 
of Animal Industry/' 

Section 2. Any person guilty of violating this Act shall 
be guilty of a misdemeeanor and upon conviction shall be 
punishable by a fine not exceeding Five Hundred Dollars or 
by imprisonment in the county jail not exceeding one year, 
or by both fine and imprisonment. 

Section 3. All Acts and parts of Acts in conflict here- 
with are hereby repealed. 

Section 4. This Act shall be in full force and effect 
from and after its passage and approval. 

Approved February 16th, 1917. 



CHAPTER 118, SESSION LAWS 1917. 

"An Act to Regulate the Sale and Distribution of Tuberculin." 
Section 1. Any person, firm or corporation desiring to 
sell or distribute tuberculin for animal use in the State of 
Montana, must first secure permission from the Live Stock 
Sanitary Board. 



36 LIVE STOCK SANITARY LAWS OF MONTANA 

Section 2. Any person, firm or corporation having se- 
cured permission from the Live Stock Sanitary Board to sell 
or distribute tuberculin for animal use within this State as 
prescribed in Section 1, shall, on the same day of selling, 
furnishing or supplying tuberculin, report in writing to the 
Live Stock Sanitary Board the name, or names, and address 
of the person, or persons, furnished, including a statement of 
the amount of tuberculin supplied. 

Section 3. Any person, firm or corporation violating 
any of the provisions of this Act shall be guilty of a mis- 
demeanor and punished by a fine of not less than twenty-five 
($25.00) dollars and not more than five hundred ($500.00) 
dollars or by imprisonment for not less than thirty (30) days 
and not more than ninety (90) days, or both fine and im- 
prisonment. 

Section 4. All Acts or parts of Acts in conflict here- 
with are hereby repealed. 

Section 5. This Act to take effect April 15, 1917. 

Approved February 27, 1917. 



CHAPTER 125, SESSION LAWS 1917. 

"An Act to Repeal Section 8836 of the Revised Codes of 
Montana of 1907 and Designating the Duties of Owners of 
Stallions." 

Section 1. That hereafter it shall be unlawful for any 
owner or owners of a ridgling, or unaltered male mule or 
jackass over the age of eighteen months to permit the same 
to run at large. 

Section 2. That hereafter it shall be unlawful for any 
owner or owners of a stud horse over the age of eighteen 
months to permit the same to run at large unless the owner 
or owners of such stud horse has first filed with the County 
Clerk and Recorder of the county where such stud horse is 
owned, a description in writing of said stud horse. The des- 
cription so filed shall give the age, color and brand or brands 
and owner of said stud horse. 

Section 3. Any person may take up any animal describ- 
ed in Section 1 of this Act and if the same is not claimed 
within five days may castrate such animal at the expense of 
the owner or owners. 



LIVE STOCK SANITARY LAWS OF MONTANA 37 

Section 4. Any person who takes up any animal des- 
cribed in Section 2 of this Act shall make inquiry of the Clerk 
and Recorder of the county wherein such animal is taken up, 
and the County Clerk and Recorder of adjoining counties and 
the General Recorder of Marks and Brands at Helena and 
said officers shall inform the person who makes such inquiry 
whether such animal is recorded or not, and shall notify the 
owner if known who may within five days after the receipt 
of said notice take possession of said animal upon payment of 
costs not to exceed $1.00 per day for time such animal is 
held. If ownership cannot be determined in the manner 
aforesaid then the person who takes up any animal described 
in Section 2 of this Act may castrate said animal. 

Section 5. Any person or persons violating any of the 
provisions of this Act shall be punishable by a fine not ex- 
ceeding fifty dollars and shall be liable to the owner of such 
animal for the damage sustained by such owner by reason 
thereof. 

Section 6. Section 8836 of the Revised Codes of Mon- 
tana, 1907, is hereby repealed. 

Section 7. This act shall be in full force and effect from 
and after its passage and approval. 

Approved February 27, 1917. 



CHAPTER 62, SESSION LAWS 1917. 

"An Act Regulating the Running at Large of Bulls on Public 
Ranges or National Forest Reserves in the State of Mon- 
tana, and Providing Penalties." 

Section 1. It shall be unlawful for any person, persons 
or corporations to turn upon, or allow to run at large on, the 
open range or National Forest Reserves within the State of 
Montana, any bull other than a pure bred bull of a recog- 
nized beef type. 

The words "pure bred" when construed in connection 
with this Section shall mean high grade bulls of good and 
superior individuality with two top crosses of any of the 
recognized beef breeds. 

Section 2. Any bull found running at large on the open 
range or National Forest Reserve in violation of the provi- 
sions of this Act may be taken up and 'castrated; provided 



38 LIVE STOCK SANITARY LAW|S OF MONTANA 

that the owner of such bull, if known, must be immediately 
notified by the person taking up such bull either by direct 
notice or by registered mail. Ten days after said notice has 
been given, or ten days after the mailing of registered letter, 
if the owner does not procure such bull, then the bull may be 
castrated by the person or agent of the person serving such 
notice. If the owner is unknown, then the person holding 
such bull must immediately notify the State Recorder of 
Marks and Brands who must notify the owner by registered 
mail or direct service, and also notify the person holding the 
bull the date of service or registration of service, and if not 
claimed in ten days after such notice, or if the owner is un- 
known to the Recorder of Marks and Brands, then the bull 
may be castrated. 

Section 3. Any person, persons or corporation violating 
Section Two of this Act shall be guilty of a misdemeanor and 
shall be punishable by a fine of not less than Twenty-Five 
($25.00) Dollars and not more than Two Hundred Fifty 
($250.00) Dollars. 

Section 4. The cost of holding and castrating any ani- 
mals taken up under the provisions of this Act shall be 
charged against the owner of such animal and may be re- 
covered in a civil action in any court of competent jurisdic- 
tion. 

Section 5. All Acts and parts of Acts in conflict here- 
with are hereby repealed. 

Section 6. This Act shall be in full force and effect im- 
mediately upon and after its passage and approval. 

Approved February 22, 1917. 



MONTANA STALLION LAW. 

Original Act Approved March 8, 1909. 

Amendments Approved March 8, 1915. 

Section 1. (Original Act) Evey person, firm or com- 
pany, standing or using any stallion or jack for public ser- 
vice in this State shall cause the name, description and pedi- 
gree of such stallion or jack to be enrolled by a Stallion Regis- 
tration Board, hereinafter provided for, and shall secure a 
license from said Board as provided for in Section 4 of this 



LIVE STOCK SANITARY LAWS OF MONTANA 39 

Act. All enrollment and verification of pedigree shall be done 
by said Board. 

Section 2. (Original Act) In order to carry out the 
provisions of this Act, there shall be constituted a Stallion 
Registration Board, whose duty it shall be to verify and 
register pedigrees; to employ one or more competent grad- 
uate veterinarians to make examination of the stallions for 
soundness, at one or more points in each county in the State ; 
to pass upon certificates or veterinary examination; to issue 
stallion license certificate ; to make all necessary rules and 
regulations; and to perform such other duties as may be 
necessary to carry out and enforce the provisions of this 
Act. Said Board shall hold an annual meeting at the College 
of Agriculture in Bozeman, the first Tuesday in February, 
and such other meetings as may be necessary. 

Section 3. (Original Act) The Stallion Registration 
Board shall be composed of the President of the Montana 
Horse Breeders' Association, the State Veterinarian, and the 
Professor of Animal Husbandry at the Montana Experiment 
Station, who shall be secretary and executive officer of this 
Board. 

Section 4. (Original Act). In order to secure the li- 
cense certificate herein provided for, the owner shall apply for 
such to the Stallion Registration Board, after the stallion or 
jack has been examined for soundness the owner of such 
stallion or jack shall furnish to the Stallion Registration 
Board the veterinary certificate, and book registry certifi- 
cate of pedigree of the stallion or jack and all other necessary 
papers relating to his breeding and ownership. Upon veri- 
fication of pedigree and certificate of breeding, a stallion or 
jack certificate shall be issued to the owner. 

The presence of any one or more of the following named 
diseases shall disqualify a stallion or jack for public service, 
except such stallions or jacks as were in public use or held for 
sale or public service at the time of the enactment and passage 
of this Act; such diseases or unsoundness hereby defined as 
infectious, contagious or transmissible diseases or unsound- 
ness, for the purpose of this Act; Cataract, amaurosis, laryn- 
geal hemiplegia, (roaring or whistling), chorea, (St. Vitus 
dance, cramping, shivering, springhalt) bone spavin, ring- 
bone, side bone, glanders, farcy, maladie du coit, urethal gleet, 
mange, melanosis and curb when accompanied Toy curby hock. 



40 



LIVE STOCK SANITARY LAWS OF MONTANA 



The Stallion Registration Board is hereby authorized to 
refuse certificate of enrollment to any stallion or jack affect- 
ed with any one of the diseases specified, and to revoke pre- 
viously issued stallion license certificate of any stallion or 
jack found on examination to be so affected, except stallions 
or jacks in the State at the time of the enactment and pass- 
age of this Act. 

No stallion or jack shall stand for public service in the 
State of Montana which is deformed or so badly diseased as 
to be, in the opinion of the Stallion Registration Board, 
wholly unfit for breeding purposes, and said Board is hereby 
authorized to refuse license certificates and registry for said 
animal. 

Section 5. (Original Act) The Stallion Registration 
Board is authorized in case of emergency to grant temporary 
license certificate without veterinary examination, upon re- 
ceipt of an affidavit of the owner to the effect that to the 
best of his knowledge and belief said horse or jack is free 
from infectious, contagious or transmissible disease or un- 
soundness. Temporary license certificates shall be valid only 
until veterinary examination can reasonably be made. 

Stallions or jacks in the state previous to the passage 
and enactment of this law shall have described in their li- 
cense certificate any hereditary diseases or unsoundness re- 
ferred to in Section 4 of this Act. 

Section 6. (Original Act) Every person, firm or com- 
pany, importing any stallion or jack into the State of Mon- 
tana, for breeding purposes, shall first secure a certificate 
from a recognized state or federal veterinary officer, certify- 
ing that said animal is free from any or all diseases or un- 
soundness referred to in Section 4 of this Act. 

A copy of this certificate must be mailed to the Secre- 
tray of the Stallion Registration Board, at the Montana Ex- 
periment Station, Bozeman, Montana, at least ten days be- 
fore the importation of said stallion or jack into the state. 

No stallion or jack which is neither pure bred nor grade, 
according to the meaning of this Act shall be imported into 
this state for breeding purposes. 

Section 7. (Original Act) The owner of any stallion or 
jack standing for public service in this state shall post and 
keep affixed during the entire breeding season copies of the 
license certificate of such stallion or jack, issued under the 



LIVE STOCK SANITARY LAWS OF MONTANA 41 

provision of this Act, ni a conspicious place upon the main 
door leading into every stable or building where said stallion 
or ajck stands for public service. Said copies shall be printed 
in bold face and conspicuous type, not smaller than small 
pica, especially the words "pure bred," "grade," etc. 

Section 8. (Section 1 of Amendment.) The license 
certificate issued after proper examination of a stallion or 
jack whose sire and dam are of pure breeding, and the pedi- 
gree certificate of which is registered in a stud book recog- 
nized by the Montana Stallion Registration Board, and in the 
case of foreign pedigree certificates those which are regis- 
tered in a stud book recognized by the United States Depart- 
ment of Agriculture, shall be in the following form: 



STALLION REGISTRATION BOARD. 
License Certificate of Pure Bred Stallion or Jack. 

The pedigree of the stallion (name) _■ 

Owned by Bred by 

Described as follows: color 

Breed Foaled in the year 

has been examined by the Stallion Registration Board of 
Montana, and it is hereby certified that the said stallion or 
jack is of pure breeding, is registered in a stud book recog- 
nized by said Stallion Registration Board. 

The above named stallion or jack has been examined by 
the veterinarian appointed by the Stallion Registration Board, 
and is reported as free from infectious, contagious or trans- 
missible disease or unsoundness (or is affected with 

. ) and. is licensed to stand for public ser- 
vice in the State of Montana. 

Signed 

Sec'y Stallion Registration Board of Montana. 



42 LIVE STOCK SANITARY LAWS OF MONTANA 

The license certificate issued after proper examination 
for a stallion or jack whose sire or dam, but not both, is 
of pure breeding, shall be in the following form: 

STALLION REGISTRATION BOARD. 
License Certificate of Grade Stallion or Jack. 

The pedigree of the stallion (name) .____; 

Owned by Bred by 

Described as follows: .....Color 

Breed Foaled in the year 

has been examined by the Stallion Registration Board of 
Montana and it is hereby certified that the said stallion or 
jack is not of pure breeding, and is therefore not eligible for 
registration in any stud book recognized by the Stallion Reg- 
istration Board. 

The above named stallion or jack has been examined by 
the Veterinarian appointed by the Stallion Registration Board, 
and is reported as free from infectious, contagious or trans- 
missible disease or unsoundness (or is affected with 

) and is licensed to stand for public ser- 
vice in the State of Montana. 

Signed 

Sec'y Stallion Registration Board of Montana. 

Section 9. (Original Act) Every bill, poster or adver- 
tisement issued by the owner of any stallion or jack licensed 
under this Act, or used by him for advertising such stallion or 
jack shall contain a copy of his license certificate and shall 
not contain illustrations, pedigrees or other matter that is un- 
truthful or misleading. 

Section 10. (Section 1 of Amendment.) A fee of ten 
dollars ($10.00) shall be paid to the Secretary of the Stallion 
Registration Board for the veterinary examination and en- 
rollment of each pedigree and the issuance of a license cer- 
tificate. 

A fee not exceeding two dollars ($2.00) shall be paid 
annually for the renewal of the license. Stallions or jacks 
shall be examined every four years, until ten years of age, 
and after the first examination shall be exempt from ex- 
amination at ten years of age and over. 



LIVE STOCK SANITARY LAWS OF MONTANA 43 

Section 11. (Original Act.) Upon transfer of the 
ownership of any stallion or jack licensed under the provi- 
sions of this Act the license certificate may be transferred 
by the secretary of this Board to the transferee upon the 
submittal of satisfactory proof of such transfer of owner- 
ship and upon the payment of one dollar ($.100). 

Section 12. (Original Act). Any person or persons 
knowingly or wilfully violating any of the provisions of this 
Act shall be punished by a fine of not less than fifty dollars 
($50.00) nor more than two hundred dollars ($200.00), or by 
imprisonment for not less than thirty days or more than six 
months or by fine and imprisonment for each offense. 

Section 13. The funds accruing from the above named 
fees shall be used by the Stallion Registration Board to de- 
fray the expenses of the veterinary examination, of enroll- 
ment of pedigrees and issuance of licenses. Any funds not so 
used shall be used to publish reports or bulletins containing 
lists of stallions examined, to encourage the horse and mule 
breeding interests of this state to disseminate information 
pertaining to horse breeding, and for any other such purposes 
as may be necessary to carry out the purposes and enforce the 
provisions of this Act. 

Section 14. It shall be the duty of this Board to make 
annual report, including financial statements, to the Governor 
of the State, and all financial records of said Board shall be 
subject to inspection at any time by the public examiner. 

Section 15. (Section 1 of Amendment.) No part of this 
Act shall apply to stallions turned upon the open range, and 
the term "Standing for Public Service," is hereby defined as 
the service of a stallion or jack for a fee when said stallion or 
jack is stood at one or more places for a public use. 

Section 16. (Section 1 of Amendment.) No railroad 
company, transportation company, or common carrier shall 
transport into the State of Montana any stallion or jack un- 
less accompanied by a state or federal veterinary certificate 
as provided in Section 6 of this Act. Violation of this pro- 
vision shall be punished as provided in Section 12 of this Act. 

Section 17. (Section 2 of Amendment.) All Acts and 
parts of Acts in conflict with this Act are hereby repealed. 



44 LIVE STOCK SANITARY LAWS OF MONTANA 

Section 18. (Section 3 of Amendment.) This Act shall 
be in full force and effect from and after its passage and ap- 
proval by the Governor. 

Original Act approved March 8, 1909. 

Amendments approved March 8, 1915. 



CHAPTER 130, SESSION LAWS OF MONTANA, 1911. 
Extracts from PURE FOOD LAW. 

Section 3. No person either by himself or by his ser- 
vant or agent or as the servant or agent of another person, 
shall sell, exchange or deliver, expose or offer for sale or ex- 
change adulterated milk, or milk to which water or any 
foreign substance has been added, milk produced from cows 
which have been fed on fermenting refuse from distilleries, 
breweries, or sugar factories or stable bedding or barnyard 
refuse, provided that fermenting pulp fed in conjunction with 
ground alfalfa and syrup be excepted, or from sick or diseased 
cows, or as pure, milk from which the cream or part thereof 
has been removed, or milk collected or kept or handled under 
conditions which are not cleanly or sanitary and which do not 
conform to the rules and regulations of the State Board of 
Health made in conformity with the provisions of this Act, 
or milk containing less than eight and one-half (8V2) Per cent 
of milk solids, exclusive of fat, and three and twenty-five 
hundredths (3.25) per cent of milk fat, or milk which con- 
tains any added color preservative, or as cream, milk contain- 
ing less than twenty (20) per cent of milk fat. 

Section 6. The State Veterinarian, either in person or by 
his deputies shall tuberculin test all cattle used in and about 
all dairies in the State of Montana at least once during each 
calendar year; and all persons, firms or corporations con- 
ducting a dairy in this state shall file with the Secretary of 
the State Board of Health a certificate for each cow here- 
after added to his dairy, which certificate shall be signed by 
a veterinarian approved by the State Board of Health and 
shall state that such cow has been tuberculin tested by him 
and found to be free from tuberculosis, and such certificate 
shall contain a description of such cow, which description 
shall be sufficiently complete to identify the cow; and any 



LIVE STOCK SANITARY LAWS OF MONTANA 45 

person or firm or corporation using any cow in his dairy, or 
keeping any cow on his dairy premises, which has not been 
tuberculin tested and found free from tuberculosis shall be 
guilty of a misdemeanor and shall be deemed guilty of selling 
milk from diseased cows. For the purpose of this Act any 
person shall be deemed as -conducting a dairy who offers for 
sale any milk or cream, or who sells milk or cream to any 
butter factory, creamery or other place where milk or milk 
products are manufactured or sold. 

Section 7. It shall be unlawful for any person, persons, 
firm or corporation to sell within this State or to have within 
his or their possession with the intent to sell within this State 
for human food, the carcass or parts of the carcass of any 
animal which has been slaughtered, prepared, handled or 
kept under unsanitary conditions ; and unsanitary conditions 
shall be deemed to exist whenever and wherever any one or 
more of the following conditions are found to appear, to-wit: 
If the slaughter house is dilapidated or in a state of decay; 
if the floor or side walls are soaked with decaying blood or 
other animal matter, if efficient fly screens are not provid- 
ed, if the drainage of the slaughter house yard is not effi- 
cient, if maggots or filthy pools or hog wallows exist in the 
slaughter-house yard or under the slaughter-house floor, if 
the water supply used in connection with the cleaning or pre- 
paring of the meat is not pure and uncontaminated ; if the hogs 
are kept in the slaughter-house yard or fed therein on animal 
offal, or if the odors of putrification plainly exist in or about 
the slaughter-house; if carcasses or parts of carcasses are 
transported from place to place when not covered with clean 
white cloths, or if kept in unclean or bad smelling refrigera- 
tor or refrigerators, or if kept in unclean or foul smelling 
store rooms. It shall be unlawful for any person, persons, 
firm, or corporation to have in his or their possession with in- 
tent to sell the carcass of any animal or fowl which has died 
from any cause other than being slaughtered in a sanitary 
manner, or the carcass or part of the carcass of any animal 
that shows evidence of any disease or that came from a sick 
or diseased animal, or the carcass or part of the carcass of 
any calf that was killed before it had attained the age of four 
weeks. 

It shall be unlawful for any person, persons, firm or cor- 
poration to sell or offer for sale any eggs after the same have 



46 LIVE STOCK SANITARY LAWS OF MONTANA 

been placed in an incubator, or to sell or offer for sale to be 
used as food, knowingly, eggs in a rotten, decayed or decay- 
ing condition. 

It shall be the duty of all peace or health officers to 
seize any animal carcass or parts of carcasses or any domestic 
or wild fowl, eggs, game, fish or other food product found to 
be unwholesome and which are intended for sale or offered 
for sale for human food, or which have been slaughtered or 
prepared, handled or kept under unsanitary conditions as 
herein defined or as the rules and regulations of the State 
Board of Health may designate, and shall deliver the same 
forthwith to and before the nearest police judge or justice of 
the peace, together with all information obtained, and said 
police judge or said justice of the peace shall issue warrants 
of arrest for all persons believed to have violated any provi- 
sions of this Act, and said cause shall be tried at an early 
date thereafter. The said police judge or justice of the peace 
shall immediately drench the unwholesome food brought be- 
fore him with kerosene and require the owner thereof to im- 
mediately dispose of the same in a sanitary manner, or he 
may, in his discretion, order the unwholesome food rendered 
into grease and tankage. 



SECTIONS FROM THE PENAL CODES. 
8506. Killing or Selling Meat of Calf Less Than Four 

Weeks Old. Whoever kills, or causes to be killed, for the pur- 
pose of sale, a calf less than four weeks old, or knowingly sells 
or has in his possession, with intent to sell for food, the meat 
of such calf, shall be fined not exceeding Fifty ($50.00) Dol- 
lars, or be imprisoned not exceeding thirty days in the county 
jail, or both such fine and imprisonment. (Act approved 
March 8, 1907, ss 14.) (10th Sess., Chap. 175.) 

8531. Using or Exposing Animals with Glanders. Any 
person who shall knowingly sell or offer for sale or use, or ex- 
pose, or who shall cause or procure to be sold or offered for 
sale, or used, or exposed, any horse, mule, or other animal 
having the disease known as glanders, farcy, or any contag- 
ious disease, or violates any of the provisions of SS 1900 
(3063) of the Political Code, is guilty of a misdemeanor. 



LIVE STOCK SANITARY LAWS OF MONTANA 47 

8532. Animal Having Glanders to be Killed. Every ani- 
mal having glanders or farcy, shall at once be deprived of life 
by the owner or person having charge thereof, upon discovery 
or knowledge of its condition; and any such owner or person 
omitting or refusing to comply with the provisions of this 
Section, is guilty of a misdemeanor. 

8690. False Pedigree of Animals, Etc. Every person 
who makes, publishes, delivers or uses any false or fraudu- 
lent pedigree of any horse, cattle, sheep or other domestic 
animal for the purpose of increasing the value of the animal 
is punishable by a fine not exceeding five hundred dollars. 

8691. Selling Animal with False Pedigree. Every per- 
son who by statements or representations concerning a false 
or fraudulent pedigree sells to another any domestic animal 
and such animal is not of the breeding or pedigree as repre- 
sented, is punishable by a fine not exceeding fifty dollars, and 
is liable to the purchaser in a civil action for double the 
value or price paid for the animal. 

8775. Abandonment of Disabled Animals. Every per- 
son being the owner, or in possession or having charge or 
custody of a maimed, diseased or infirm animal, who abandons 
and leaves such animal to die in the street, highway or public 
place, is guilty of a misdemeanor and such animal may be 
killed by any sheriff or peace officer in a humane manner, 
and the owner shall be liable for the necessary care of such 
animal while living and for the cost of disposing of the car- 
cass. (Act approved February 25, 1905.) (9th Sess., Chap. 
35.) 

8778. Poisoning Animals. Every person who wilfully 
administers any poison to an animal the property of another 
or maliciously exposes any poisonous substance with the in- 
tent that the same shall be taken or swallowed by any such 
animal is punishable by imprisonment in the state prison not 
exceeding three years or in the county jail not exceeding one 
year, or by a fine not exceeding five hundred dollars, or by 
both fine and imprisonment. 

8779. Keeping Cows in Unhealthy Places. Any person 
who keeps a cow or any animal for the production of milk in 
a crowded or unhealthy place or in a diseased condition, or 
feeds such cow or animal upon food that produces impure or 
unwholesome milk, is punishable by imprisonment in the 



48. LIVE STOCK SANITARY LAWS OF MONTANA 

county jail not exceeding three months or by fine not ex- 
ceeding two hundred dollars, or both. 

8837. Ram Running at Large. Every person who owns, 
controls, or has the custody of any ram or he goat, and allows 
the same to run at large between the first day of August and 
the first day of December of each year, is punishable by a 
fine not exceeding twenty dollars. 

8838. Swine Running at Large. That hereafter it shall 
be unlawful for any owner or owners of swine to permit the 
same to run at large. (Act approved March 6, 1895.) 

8841. Removing Skin From Animals. Every person 
who removes the skin from an animal and leaves the carcass 
within one-quarter of a mile of a dwelling is punishable by 
a fine not exceeding twenty-five dollars. 

8842. Scabby Sheep. Every person who removes from 
one point to another in any of the counties of this state, or 
from one county to another, any scabby sheep, or any sheep 
that have been scabby within one year, without the written 
certificate of the sheep inspector, or the written consent of all 
the sheep owners or managers along the route, and in the 
vicinity of the proposed location, is punishable by a fine not 
exceeding one thousand dollars. This Section does not apply 
to scabby sheep imported into this state and against which 
quarantine has>been declared. 

8843. Bringing Infected Animals into State. Every per- 
son who brings into this state sheep infected with scab or 
other infectious disease, or any horses, mules, asses or cattle 
infected with any contagious disease, is punishable by a fine 
not exceeding five hundred dollars. 

8844. Disobeying Orders of State Veterinary Surgeon. 
Every person who fails to comply with or disregards any law- 
ful order or direction made by the State Veterinary Surgeon, 
or Deputy, or Deputy Sheep Inspector, under the provisions 
of the Political Code, concerning scab and other contagious 
diseases among sheep, or to prevent the spread of disease 
among cattle, is punishable by a fine not exceeding five hun- 
dred dollars. 

8845. Receiving and Transporting Diseased Sheep. 
Every person who, after the publication of the proclamation 
of the Governor of this State prohibiting the importation of 
diseased sheep into this state, knowingly receives any such 



LIVE STOCK SANITARY LAWS OF MONTANA 49 

sheep from any of the prohibited districts, or transports the 
same within the limits of the state, is punishable by a fine 
not exceeding five hundred dollars. 

8846. Moving Diseased Sheep. Every person in charge 
of sheep being shipped into this state, against which quaran- 
tine has been declared, as specified in the last preceding Sec- 
tion, and fails to notify the deputy inspector of the county 
in whcih such sheep are brought, or allows any such sheep to 
pass over or upon any public highway, or upon the ranges oc- 
cupied by other sheep, or within five miles of any corral in 
which sheep are regularly corralled, before such sheep are in- 
spected as provided by law, is punishable by a fine not ex- 
ceeding five hundred dollars. 

8847. Importing Diseased Cattle into State. Every per- 
son who imports into this state any cattle, horses, mules or 
asses, after the governor has made proclamation holding in 
quarantine for the purpose of inspection for contagious or 
infectious diseases, such animals, and allows the same or any 
of them to leave the place of their first arrival in this state, 
until they have been examined by the state veterinary sur- 
geon, and a certificate has been obtained therfrom that such 
animals are free from disease, or permits any such animals to 
run at large, or to be removed, or to escape before such certi- 
ficate has been received, is punishable by a fine not exceeding 
five hundred dollars. This section does not apply to any 
animals driven in harness, or under yoke, or ridden by their 
owners into this state. 

8848. Receiving or Transporting Diseased Cattle. Every 
person who, after the publication of such proclamation know- 
ingly receives or transports within the limits of this state 
any animal mentioned in the preceding Section, before the 
certificate mentioned therein has ben given, is punishable by 
a fine not exceeding ten thousand dollars. 

8849. Obstructing Veterinary Surgeon, Etc. Every per- 
son who owns or has the custody of any cattle, horses, mules, 
or asses infected with contagious disease, and fails to immedi- 
ately report the same to the state veterinary surgeon, or con- 
ceals the existence of such disease, or attempts to do so, or 
wilfully obstructs or resists the said veterinary surgeon in the 
discharge of his duty as provided by law, or sells, gives away 
or uses the meat or milk, or removes the skin or any part of 



50 LIVE STOCK SANITARY LAWS OF MONTANA 

such animal is punishable by a fine not exceeding five hun- 
dred dollars. 

8867. Diseased Animals. It is unlawful for any person 
having in charge any horse, mule, ass, sheep, hog, or cattle, 
affected with a contagious disease, to allow such animal to 
run on any range or to be within any enclosure where they 
may come in contact with any other animal not so diseased. 
All animals so affected must be immediately removed to an 
inside enclosure secure from other animals, or must be herded 
six miles away from any farm or ranch or from any other 
stock running at large or being herded. Every person who 
neglects or refuses to remove, or inclose, or herd as aforesaid, 
such diseased animals, is guilty of a misdemeanor and liable 
in damages to the party injured. 



CHAPTER 82, SESSION LAWS 1913. 

"An Act to Regulate the Practice of Veterinary Medicine 
and Surgery in the State of Montana ; and to establish a 
Board of Examiners in Veterinary Medicine and Surgery; 
and to define offenses committed contrary to the provisions 
of this Act ; and providing penalties for the violation thereof." 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. State Board of Veterinary Medical Examiners. 

That there be and is hereby created a State Board of Veter- 
inary Medical Examiners to be appointed by the Governor of 
the State of Montana, which shall consist of three reputable 
practitioners of veterinary medicine and surgery, who shall 
have graduated from some college authorized by law and 
recognized by the American Veterinary Medical Association 
to confer degrees, and each of whom shall, after the first 
board has been appointed, be licensed under this Act. The 
appointments first made shall be for one year, one for two 
years, and one fo rfour years, and, thereafter, appointments 
shall be made for the term of four years. The Montana State 
Veterinary Medical Society shall, at each annual meeting 
nominate twice the number of examiners to be appointed 
that year on the Board. The names of such nominees shall 
be annually transmitted under seal by the president and sec- 
retary prior to May 1st, to the Governor, who shall, prior to 



LIVE STOCK SANITARY LAWS OF MONTANA 51 

August 1st, appoint from such lists the examiners that will be 
required to fill any vacancies that will occur from expiration 
of term on July 31st. Any other vacancy, however, accur- 
ring, shall likewise be filled by the Governor for the unexpired 
term. Each nominee, before appointment, shall furnish to 
the Governor proof that he has received a degree in veterinary 
medicine from an authorized veterinary medical school and 
that he has actually and legally practiced veterinary medicine 
in this State for at least two years. If no nominees are legal- 
ly before him from the Society, the Governor may appoint 
from the members of the veterinary profession in good stand- 
ing in Montana without restriction. The Governor may, after 
due notice and hearing, remove any examiner for misconduct, 
incapacity or neglect of duty. 

Section 2. Certificate of Appointment; Oath; Officers; 
Meetings; Quorum; Powers. Every veterinary medical ex- 
aminer shall receive a certificate of appointment from the 
Governor, and, before beginning his term of office, shall file 
with the Secretary of State, the Constitutional oath of of- 
fice. The Board shall annually elect from its members a 
president, vice-president, and secretary-treasurer, and shall 
hold two regular meetings each year. At any meeting a ma- 
jority shall constitute a quorum. If any member of the Board 
shall, without cause, absent himself from two of its regular 
meetings consecutively, his office shall be deemed vacant. 
The Board may take testimony and proofs concerning all mat- 
ters within its jurisdiction. The Board may make all by-laws 
and rules not inconsistent with law needed in performing its 
duties. 

Section 3. Expenses; Record; Bond; Moneys; Report. 

Each member of the Board shall be entitled to receive all 
necessary traveling and incidental expenses, provided such ex- 
penses shall not exceed the amount in the treasury in any fis- 
cal year. The secretary-treasurer shall receive an additional 
salary to be fixed by the Board and not to exceed one hundred 
and fifty dollars per annum, ($150.00 per annum.) The 
secretary-treasurer shall give bond in such sum and with such 
conditions as the Board may from time to time direct. The 
Board shall keep full and complete minutes of its proceedings 
and of its receipts and disbursements, and a full and accurate 
list of all persons licensed and registered by it, and such rec- 



52 LIVE STOCK SANITARY LAWS OF MONTANA 

ords shall be public records, and shall, at all times, be open to 
public inspection. The secretary-treasurer of said Board 
shall be the legal custodian of all moneys received for licenses 
or certificate of registration, as provided by this article, up 
to and including the sum of one thousand dollars ($1,000.00) 
which shall constitute a trust fund to be used, besides sal- 
aries and other expenses of the Board, in carrying on prose- 
cutions under the provisions of this Act. If, at any time, 
the amount of money received, after deducting such salaries 
and expenses, shall amount to more than one thousand dol- 
lars ($1,000.00), the secretary-treasurer shall forward the 
same to the Treasurer of the State of Montana, and receive 
his official receipt for same. Said Board shall, not later than 
July 15th, of each year, submit to the Governor a full and 
complete report of its proceedings during the twelve months 
immediately preceding. 

Section 4. Application; Examination; Fees. Any per- 
son desiring to begin the practice of veterinary medicine or 
veterinary surgery in the State of Montana, or who shall 
desire to hold himself or herself out to the public as a practi- 
tioner of veterinary medicine or veterinary surgery, except 
as provided in Section Ten of this Act, shall make application 
to said Board of Examiners for license to do so. Such ap- 
plication shall be upon a blank furnished by said Board, and 
shall be accompanied by satisfactory evidence of the good 
moral character of the applicant, and shall present evidence 
of having graduated in and received a degree from a legally 
authorized veterinary medical school recognized by the 
American Veterinary Medical Association ; said school or Col- 
lege having a curriculum requiring a three-year course or its 
equivalent for graduation. On application, the diploma of 
said applicant shall be submitted to said Board for inspection 
and verification. Every person applying to said Board for 
license to practice shall pay to the Board the fee of ten dol- 
lars ($10.00) which fee shall in no case be refunded, and 
which shall become a part of the funds of the treasury of 
the Board. Said Board shall, by means of examination, 
either oral or written as the Board may determine, ascertain 
the professional qualifications for license of all applicants 
under this Act, and shall issue such license to all who are 
found upon examination to be in the judgment of said Board 



LIVE STOCK SANITARY LAWS OF MONTANA 53 

competent to practice, and no such license shall be issued to 
any person who is not found by such examination to be com- 
petent. Such examination shall be held at a time and place 
or places specified by said Board, and shall include suitable 
questions for a thorough examination in comparative ana- 
tomy, physiology and hygiene, in chemistry and veterinary 
surgery, obstetrics, pathology and diagnosis and therapeutics, 
including practice and materia medica, bacteriology, paris- 
itology and other branches deemed advisable by the Board. 
Said Board shall consecutively number all applications re- 
ceived and note upon each the disposition made of it and pre- 
serve same for reference, and shall number consecutively 
all licenses issued. Provided that veterinarians holding a 
diploma from a recognized veterinary medical school, who are 
at the time of the passage and approval of this Act engaged 
in the practice of veterinary medicine in the State of Mon- 
tana, shall be entitled to a license without examination. Any 
candidate failing in one subject with a general average of 
eighty per cent in the others may be re-examined in that sub- 
ject at any regular examination; failing in one subject with a 
lower average or in two or more subjects, may be admited to 
a subsequent examination on original fee after six months 
have elapsed and must take the examination in all subjects. 
The Board may issue temporary license to such candidate, 
allowing him or her to practice pending the successful pass- 
age of an examination. 

Section 5. Application for License as Farrier. Any per- 
son desiring to begin the practice of treating domestic ani- 
mals in the State of Montana, under the title of Farrier, shall 
make application to said Board of Veterinary Medical Ex- 
aminers on or before July 1, 1913, so to do. Such applica- 
tion shall be upon a form furnished by said Board, and shall 
be accompanied by the fee prescribed in Section 4 of this 
Act, and satisfactory evidence of the good moral character 
of the applicant, who shall present satisfactory evidence of 
having resided in the State of Montana for a period of 
twenty-four months immediately previous to the passage 
and approval of this Act, and of having treated domestic 
animals as a part of his or her avocation during that period, 
and a license shall be granted. Such license shall entitle him 
or her to all the rights and privileges of this Act, except 
those contained in Section Eight. 



54 LIVE STOCK SANITARY LAWS OF MONTANA 

Section 6. Farrier Defined: Qualifications for Prac- 
tice. Any person who has had experience in treating dis- 
eases of domestic animals. 

Section 7. License; Certificate of Registration; Fee; 

Revocation. The State Board of Veterinary Medical Ex- 
aminers will, at the conclusion of a regular examination, if 
in their judgment the applicant is duly qualified therefor, 
issue a license to practice veterinary medcine and surgery or 
farriery. Every license so granted by the Board shall be 
issued under seal and shall be signed by each acting Veter- 
inary Medical Examiner of the board, and shall state that 
the licensee has given satisfactory evidence of fitness as to 
age, character, veterinary medical education, and all other 
matters required by law, and that after full examintion he or 
she has been found duly qualified to practice. Each person 
licensed by the Board to practice veterinary medicine or 
veterinary surgery or farriery in this State, shall procure 
from the Secretary of the Board, on or before July 1st, an- 
nually, his certificate of registration. Such certificate shall 
be issued by the secretary upon the payment of a fee of two 
dollars ($2.00), and certificates so issued shall be prima 
facie evidence of the right of the holder to practice veterin- 
ary medicine or veterinary surgery or farriery in the State 
duing the time for which they are issued. Any certificate of 
license, granted by the Board, may be revoked upon convic- 
tion of the party holding such certificate or license, of a 
violation of any of the provisions of this Act. 

Section 8. Display License and Certificate; Arrange- 
ment with other Boards. Every person practicing veterin- 
ary medicine or veterinary surgery in the State of Montana, 
or representing himself as so practicing, shall display or 
cause to be displayed in his or her usual place of business, 
license or certificate of registration issued to him or pur- 
suant to the provisions of this Act. The Board of Exam- 
iners shall make arrangements with similiar board in the 
several states in so far as practicable, whereby due credit 
for State and Territorial license will be allowed in the State 
of Montana to such licensees of said boards as desire to se- 
cure license or practice veterinary medicine or surgery in 
this State, and whereby licensees of the Board of Veterinary 
Medical Examiners in this State will secure due credit for 
license issued by said Board, whenever such licensees desire 



LIVE STOCK SANITARY LAWS OF MONTANA 55 

to secure license to practice in any other State or Territory; 
but no arrangement shall be made under the provisions of 
this Section which shall be liable to lower the standard of 
practice of veterinary medicine or surgery in the State of 
Montana. The Board may, if deemed necessary, require an 
examination of applicants for license from other states after 
careful consideration of credentials for such states. 

Section 9. Veterinary Medicine and Surgery Defined; 
Qualifications for Practice. Any person shall be regarded as 
practicing veterinary medicine or surgery in the State of 
Montana, who shall append or cause to be appended to his 
name upon any display or advertisement published the letters 
V. S., D. V. M., V. M. D., M. D. C, D. V. S., or M. R. C. V. S., 
or the words, "Veterinary," "Veterinarian," "Veterinary Sur- 
geon," "Veterinary D e n t i s t," "Veterinary Horse-Shoer," 
" Horse Dentist" or "Horse Doctor," who shall publicly pro- 
fess to do any of these things, directly or indirectly, as a 
veterinarian. No person shall practice veterinary medicine 
veterinary surgery, or farriery, in the State of Montana after 
July 1, 1913, unless licensed by the State Board of Veterin- 
ary Medical Examiners of the State of Montana and register- 
ed as required by this article; nor shall any person practice 
veterinary medicine, surgery, or farriery, whose authority 
to practice is suspended or revoked by said Board. 

Section 10. Revocation of Certificate. On hearing, the 
Board may revoke any certificate which is obtained by fraud 
or where the holder is guilty of gross moral or professional 
misconduct. 

Section 11. Construction of this Article. This article 
shall not be construed to effect commissioned veterinary 
medical officers serving in the United States Army or in the 
United States Bureau of Animal Industry while so commis- 
sioned; or any person doing castrating or spaying, or giving 
gratuitous services; or any person treating an animal be- 
longing to himself as the case may be; or any lawfully quali- 
fied veterinarian in other states or any foreign country meet- 
ing legally registered veterinarians in this State in consulta- 
tion; or any veterinarian residing on a border of a neighbor- 
ing state and duly authorized under the laws thereof to 
practice veterinary medicine therein, whose practice ex- 
tends into this State, and who does not open an office 



56 LIVE STOCK SANITARY LAWS OF MONTANA 

or appoint a place to meet patients or receive calls within 
this State. 

Section 12. Penalties and Their Collection. Every per- 
son who shall practice veterinary medicine or farriery in this 
State without lawful registration or in violation of any pro- 
visions of this article shall forfeit to the county wherein such 
person shall so practice, or in which any violation shall be 
committed, not to exceed fifty ($50.00) for every such viola- 
tion, and for every day of unlawful practice, and any incorpor- 
ated veterinary medical society of the State may bring action 
in the name of such county for the collection of such penalties, 
and the expense incurred by such prosecution, including 
necessary counsel fees, may be retained by such society out 
of the penalties so collected, and the residue, if any, shall be 
paid into the county treasury. The State Board of Veterin- 
ary Meaica] Examiners may, out of the funds in the treasury, 
when sufficient proof is before them, begin proceedings for 
prosecution under the provisions of this Act, independent of 
such state societies. Any person who shall practice veterin- 
ary medicine or farriery under a false or assumed name, or 
who shall falsely impersonate another practitioner of a like or 
different name, shall be guilty of a felony; and any person 
guilty of violating any of the provisions of this article, not 
otherwise specially punished herein, or who buy, sell or ob- 
tain any veterinary medical diploma, license, record of regis- 
tration, or who shall aid or abet such buying, selling or fraud- 
ulently obtaining, or who shall practice veterinary medicine 
or farriery under cover of a license or diploma illegally obtain- 
ed, or signed or issued unlawfully under fraudulent repre- 
sentation, or mistake of fact in material regard, shall attempt 
to practice veterinary medicine or farriery, and any person 
who shall, without having been authorized so to do legally, 
append any veterinary title to his or her name, or shall as- 
sume to advertise any veterinary title in such a manner as to 
convey the impression that he or she is a lawful practitioner 
of veterinary medicine or farriery shall be guilty of a mis- 
demeanor, and, on conviction thereof, shall be punished by a 
fine of not more than fifty dollars, or by imprisonment in 
the county jail not more than twenty-five days, or both such 
fine and imprisonment. 



LIVE STOCK SANITARY LAWS OF MONTANA 57 

Section 13. All Acts and parts of Acts in conflict here- 
with are hereby repealed. 

Section 14. Whereas an emergency exists, this Act 
shall take effect immediately upon its passage and approval 
as provided by law. 

Approved March 13, 1913. 



58 LIVE STOCK SANITARY LAWS OF MONTANA 

OPINIONS OF THE ATTORNEY GENERAL. 



Meat of Tuberculosis Animals, When May Be Used for 
Human Consumption. Tuberculosis Animals, When Meat of 
May Be Used. State Sanitary Board, Authority to Issue Rule 
Regulating the Sale of Meat of Tuberculous Animals. 

Where no lesion is found which affects the value of meat 
for human consumption, or if the tuberculosis is not extensive 
or generalized and its presence does not affect the value of 
the meat for human consumption, the same may be sold for 
food without violating any provision of the laws of this 
State, and a rule or regulation to that effect issued by the 
state sanitary board is a proper rule. 

(See Section 25, Chapter 157, Session Laws 1917.) 

May 10, 1911. 
Dr. M. E. Knowles, 

State Veterinarian, 
Helena, Montana. 
Dear Sir: 

I am in receipt of your letter of May 5th, stating that 
some time ago the sanitary board issued an order permitting 
the use for human consumption of carcasses of cattle killed 
on account of tuberculosis, where the lesions were small and 
inconsiderable, confined to the bronchial glands; or to the 
mesenteric glands where the disease had made slight prog- 
ress, and requesting my opinion as to whether or not the 
board had a right to issue such an order. By reference to 
the laws and regulations of the Montana live stock sanitary 
board, I find that the rule to which you have reference is 
contained on page 16 of your pamphlet of rules dated Janu- 
ary 1, 1910, and is as follows: 

"The carcasses of all cattle slaughtered on ac- 
count of tuberculosis may be sold for beef for human 
consumption, providing, the carcasses pass the in- 
spection of the official veterinary surgeon, who 
must not permit any carcass to be disposed of for 
human consumption if the tuberculosis is general- 
ized. Only carcasses will be allowed to be sold 
where the infection is confined to the mediastinal 
and mesentric lymphatics to slight degree. " 

Subdivision 3 of Section 1890, Revised Codes of 1907, 
provides : 

"When no lesion is found and the value of the 
meat for human consumption has not been affected, 
the veterinary surgeon holding autopsy shall issue 



LIVE STOCK SANITARY LAWS OF MONTANA 59 

a permit of sale and the carcass may be sold for 

food, after inspection and proper certification of such 

fact is made by the state veterinary surgeon or 

deputy." 

Section 1520, Revised Codes, provides: 

"It shall be unlawful to sell or offer for sale, buy 
or offer to buy, take or give away, for the purpose 
of food, any animal suffering from * * * extensive 
or generalized tuberculosis." 

There are only two provisions of our code bearing on 
your question, and it would appear that if no lesion is found 
which affects the value of the meat for human consumption, 
or if the tuberculosis is not extensive or generalized and its 
presence does not affect the value of the meat for human 
consumption — the same may be sold for food without violat- 
ing any provisions of the laws of this state. I see no objec- 
tion to the rule of the board above quoted, but, of course, the 
official inspecting the carcasses would not be allowed to pass 
the same as fit for human consumption if any lesion was 
found which affects the value of the meat for human con- 
sumption or if the tuberculosis is found to be "extensive or 
generalized." 

In this connection, as a matter of scientific research, our 
attention has been called to the fact that Prof. Ostertag in 
his hand book of meat inspection, pages 634 and 635, states 
that local tuberculosis in an animal does not render the meat 
harmful for human consumption, using the following 
language : 

"The belief that the meat of tuberculosis ani- 
mals is, as a rule, harmless and that only in excep- 
tional cases does it possess harmful properties must 
be looked upon as scientifically well founded. 

"It is one of Johne's great merits that he intro- 
duced clear conceptions concerning the harmfulness 
of the meat of tuberculosis animals in the place of 
the previously prevailing vague and ill-defined ones. 
Johne established the proposition that "the gist of 
the question regarding the point of time from which 
the meat of tuberculous animals is to be considered 
as infected and therefore infectious is not, as main- 
tained by Gerlach, determined by the affection of 
the lymphatic glands of the neighboring organs, 
but simply by the demonstration of generalized 
tuberculosis. This alone furnishes positive proof of 
the fact that the virus has enterd into the sys- 



60 LIVE STOCK SANITARY LAWS OF MONTANA 

temic circulation and has infected the meat. Not 
until this point of time, therefore, are we justified 
in unconditionally excluding from the market a 
given piece of meat. Thus formulated, this prin- 
ciple constitutes a great stride in advance as con- 
trasted with the general, meaningless phrases which 
formerly passed current regarding the judgment of 
meat of tuberculous animals and which are, un- 
fortunately, still to be found in some regulations 
concerning meat inspection. 

"The conception of the generalization of tuber- 
culosis which Weigert introduces into pathological 
anatomy has become an axiom in meat inspection 
since Johne. At present, the view is generally 
entertained that in undoubted cases of local tuber- 
culosis the meat is harmless, while in generalized 
cases it is harmful. In cases intermediate between 
the local and generalized form, according to the rules 
which serve for the guidance of sanitary police, 
viz., to assume in dubio the less favorable condition, 
the meat is to be suspected of possessing harmful 
properties and is to be treated accordingly. 

"The first point, the assumption of the harm- 
lessness of meat in cases of undoubted local 
tuberculosis, will probably remain for all time as an 
immutable dogma of meat inspection. The second 
proposition, on the other hand, viz., that the general- 
ization of tuberculosis is always associated with a 
harmful property of meat, can no longer be main- 
tained. Only under certain conditions and not uni- 
formly does the generalization of tuberculosis pro- 
duce a harmful property in the meat." 

You are therefore advised that the rule or regulation 
which the live stock sanitary board has adopted is not in con- 
flict with the laws of this state, and it also appears to be 
a reasonable and proper rule from a scientific standpoint as 
shown by the above quotation from Dr. Ostertag's text, but 
the official inspector must be careful to resolve every doubt 
in favor of the public, and not permit any carcass to be used 
for food if there remains any doubt as to its fitness for that 
purpose. 

Yours very truly, 
ALBERT J. GALEN, Attorney General. 



LIVE STOCK SANITARY LAWS OF MONTANA 61 

Dairy Cattle, Testing for Tuberculosis. Live Stock, 
Testing for Tuberculosis. State Veterinary Surgeon, Inter- 
fering with Inspection by. Dairy Cattle, Owners to Notify 
State Veterinarian of Diseases. 

The owner of cattle may test or have same tested by 
others than officials of live stock sanitary board, but if any 
owner or other person hinders, resists, or obstructs any offi- 
cial or employee of the live stock sanitary board in the dis- 
charge of his duties he is guilty of a misdemeanor. It, is 
the duty of every owner or person in charge of cattle to im- 
mediately notify the state veterinary surgeon of the exis- 
tence of communicable disease in cattle. 

Persons testing dairy cattle for the purpose of obstruct- 
ing or preventing the state veterinarian from obtaining pro- 
per test of animals would be guilty of violating Section 1898, 
Revised Codes.* (See Section 31, Chapter 157, Session Laws 
1917.) 

July 5, 1911. 
Dr. M. E. Knowles, State Veterinarian, 

Helena, Montana. 
Dear Sir: 

I am in receipt of your letter of June 30th, wherein you 
state that certain individuals and owners of dairy herds in 
Sliver Bow County have been tuberculin testing cattle with 
the evident purpose of interfering with the legitimate and of- 
ficial test by your office by tuberculizing their cattle to such 
a degree that the official inspector could obtain no result by 
his test, and for the further possible reason of determining 
the number of diseased cattle in their herds before official 
inspection, so that the same might be disposed of by sale or 
otherwise, thus evading the loss that would occur should 
tuberculosis be found in the herds and such herds destroyed, 
officially. You also state that the injection of tuberculin in 
the cattle wholly nullifies the legitimate tuberculin test of the 
same cattle within a period of thirty- days, and for that 
reason you would be unable to determine whether or not 
cattle tested by you were infected with tuberculosis. You 
request my opinion as to whether or not it will be possible for 
you to punish those who have been testing their cattle and 
what steps you should take to prevent the tuberculizing of 
cattle in the future by others than inspectors of your office. 



62 LIVE STOCK SANITARY LAWS OF MONTANA 

In reply I will say that I know of no law which prohibits 
the owner of cattle from having them tuberculin tested by 
others than officials of the live stock sanitary board, but, 
under the provision of Sec. 1898, (see Section 31, Chapter 
157, Session Laws 1917), if any owner or custodian or any 
other person shall in any manner hinder, resist or obstruct 
any officer or employee of the live stock sanitary board in the 
discharge of his duty or in the exercise of his lawful powers, 
shall be deemed guilty of a misdemeanor and shall be punish- 
ed by a fine of not more than $500.00 or by imprisonment in 
the county jail not more than six months, or both such fine 
and imprisonment; and under the provisions of Sec. 1894, 
(see Section 27, Chapter 157, Session Laws 1917) and person, 
including the owner or custodian who has reason to suspect 
the existence of any disease mentioned in the Act among live 
stock, or the presence of an exposed animal at any point 
within the state, shall forthwith give notice thereof to the 
state veterinary surgeon. 

It will be noticed, therefore, that it is the duty of every 
owner or person in charge of cattle to immediately notify the 
state veterinary surgeon of the existence of tuberculosis in 
the animals, and a failure to do so is punishable as provided 
by Section 1898 of the Revised Codes. 

It is also my opinion that if any person should test dairy 
herds for the purpose of obstructing or preventing your office 
from obtaining proper test of the animals that he could also 
be punished under the provisions of Section 1898 above re- 
ferred to. 

You are, therefore, advised that you should swear out a 
complaint before a justice of the peace of the county, and 
prosecute any owner who fails to notify you of the existence 
of tuberculosis in his dairy herd, and also against any indi- 
vidual who is hindering or attempting to obstruct your of- 
fice in the testing of dairy cattle, as provided by law. 

Yours very truly, 

ALBERT J. GALEN, 

Attorney General. 



LIVE STOCK SANITARY LAWS OF MONTANA 63 

Live Stock, When May Be Shipped Into this State From 
Other States. Quarantine, As Against Live Stock From 
Other States. State, Right to Protect Itself Against Disease 
From Shipment of Animals Into This State. 

In the absence of legislation by Congress, a state may 
protect itself against disease and may enact legislation for 
the inspection of animals coming from other states for the 
purpose of excluding those which are diseased and admitting 
those which are healthy, but where Congress has enacted in- 
spection laws, these laws supersede those enacted by the 
state, and if animals destined for shipment into this state are 
accompanied by a Federal certificate of inspection they can- 
not be excluded by the state. 

October 10th, 1912. 
Dr. M. E. Knowles, State Veterinarian, 

Helena, Montana. 
Dear Sir: 

I am in receipt of your letter of September 26th stating 
that on account of a fatal and rapidly developing epizootic 
disease among horses ' in Kansas and Nebraska, you, on 
September 18th, wired all railroad companies operating inter- 
state not to accept any shipments of horses from either of 
these states designed to Montana, and that in reply to your 
order the Northern Pacific has notified you that they have 
been informed by their legal department that they cannot 
refuse to accept horses for transportation to Montana if ac- 
companied by a federal certificate of health. You request 
my official opinion as to whether or not your order is legal 
and can be enforced. 

In reply I will say that your order is too broad. The 
governmental power over inter-state commerce is vested ex- 
clusively in Congress by the Commerce Laws of the Consti- 
tution, and therefore, is withdrawn from the states; but in 
the absence of legislation by Congress, a state may protect it- 
self against disease, and may enact legislation for the in- 
spection of animals coming from other states for the purpose 
of excluding those which are diseased and admitting those 
which are healthy. 

Reed vs. Colo., 187 U. S. 137. 

A state cannot, however, exclude all animals, whether 
diseased or not, coming from other states. 



64 LIVE STOCK SANITARY LAWS OF MONTANA 

R. R. vs. Husen, 95 U. S. 465. 

But by the Act of Congress, February 2nd, 1903, and the 
Act of March 3, 1905, (32 St. 791; 33 St. 1264; U. S. Comp. 
St. Sup. 1905, pp. 610 to 620) it is enacted that when the in- 
spector of the Bureau of Animal Industry has issued a certi- 
ficate that he has inspected cattle or live stock and found 
them free from disease, "such animals so inspected and certi- 
fied may be shipped, driven, or transported * * * into 
* * * state or territory * * * without further in- 
spection or the exaction of fees of any kind, except such as 
may at any time be ordered or exacted by the Secretary of 
Agriculture." This is the supreme law, and if the state law 
conflicts with it the state law must yield. 

Asbell vs. Kansas, 209 U. S. 251. 

The Secretary of Agriculture may, under authority con- 
ferred upon him by Congress as above stated, have issued 
certain rulings with reference to quarantined states or dis- 
tricts which I am not aware of and I would advise you to take 
this matter up with him in the event you desire to prevent 
horses being shipped into this state from Kansas and Nebras- 
ka. In the absence of any rulings by that department you 
can only exclude such animals as have failed to pass the 

federal inspection. 

Yours very truly, 

ALBERT J. GALEN, 

Attorney General. 



Common Carriers. Transportation of Sheep. Inter- 
state Shipments. Duty of Carrier to Notify State Veterin- 
arian. Duty of Carrier to Hold Inter-state Shipments of 
Sheep Until Inspected. Sheep. Inspection. 

It is • the duty of common carriers to notify the state 
veterinarian of shipments of sheep into this state. Sec. 1 of 
Chap. 123, Session Laws, Thirteenth Legislative Assembly, 
(See Section 22, Chapter 157; Session Laws 1917.) makes it 
the duty of the state veterinarian to inspect all sheep im- 
ported into this state, when held for a longer time than neces- 
sary to feed them in transit : Held, that it is the duty of the 
carrier to hold shipments of sheep consigned to points within 
the state until opportunity is given the state veterinarian to 
inspect same. 



LIVESTOCK SANITARY LAWS OF MONTANA 65 

September 8th, 1913. 
Dr. W. J. Butler, State Veterinary Surgeon, 

Helena, Montana. 
Dear Sir: 

I am in receipt of your letter of the 6th instant, as 

follows : 

"I request an opinion from your office as to whether or 
not the transportation and express companies are required to 
notify this office of shipments of sheep into this state. 

"I also request an opinion as to whether or not railroad 
and express companies must hold interstate shipments of 
sheep at their railroad destination in Montana until they have 
been released by an inspector of the sheep commission of 
Montana." 

Complying with your request, I have given careful con- 
sideration to the propositions propounded by you. As to the 
first, I am of the opinion that the law makes it the positive 
duty of carriers to notify your office of shipments of sheep 
into this state. Sees. 1868 and 1870, R. C. (See Section 19, 
Chapter 157; Session Laws 1917.) 

As to the second proposition contained in your communi- 
cation, you are advised that there is no statutory enactment 
of which I am aware which requires carriers to hold inter- 
state shipments of sheep at their railroad destination in Mon- 
tana until they have been released by the inspector of the 
sheep commission of Montana. However, Sec. 1 of Chap. 123, 
Session Laws of the Thirteenth Legislative Assembly, makes 
it the duty of your office to inspect and dip all sheep import- 
ed into this state when held for a longer time than neces- 
. sary to feed them in transit with the proviso that when it 
appears that such sheep so imported into the state have 
been inspected by a federal inspector and found to be free 
from disease, etc., that such sheep may be taken to the range 
where they are to be kept without being dipped, but they 
must nevertheless be inspected by your department before be- 
ing so taken, and in the case of rams special requirements as 
to dipping at or near the point of entry into the state as 
practical is provided for. It is also provided generally that 
your office may require any sheep shipped- or driven into the 
state dipped and quarantined. Sec. 1868, R. C, provides in 
part that when any sheep are delivered to any railroad or 
transportation company for shipment to this state as the 



66 LIVESTOCK SANITARY LAWS OF MONTANA 

point of destination, it shall be the duty of such company to 
notify your office by telegraph of the date of shipment, name 
of the place from which they are to be shipped, the point 
of destination, the name of the consignor and consignee, 
and the probable date of arrival of said shipment at the 
state line of Montana, and Sec. 1871 (See Section 20, Chapter 
157, Session Laws 1917) provides in part that within 
five days previous to the arrival of any sheep into the 
state from another state or territory, the owner or agent 
in charge of such sheep must report by telegraphic dis- 
patch to your office, stating from what country, state or 
territory such sheep are shipped or being driven from, the 
number thereof and the place where they will first enter the 
state, and where it is intended to unload them. Proviso is 
made that if such notice may be received by your office in 
time, it may be given by registered mail. While there is no 
positive direction to the carrier to hold such sheep until in- 
spected and released by your office, the law certainly con- 
templates notice to your office of opportunity to inspect and 
to dip when necessary, and I think it to be the duty of the 
carrier in every instance to give your office ample and suffi- 
cient opportunity to carry out the mandates of law, and in 
no instance to release or deliver over to the consignee any 
sheep until such opportunity has been afforded your office. 
Your attention is directed to Sec. 1877 of the Revised Codes, 
(See Section 31, Chapter 157, Session Laws 1917) which pro- 
vides in part that: 

"Any person * * * who violates or disregards 
any of the provisions of this act, or who shall in 
any manner hinder, obstruct or resist the state 
veterinary surgeon or inspector in the discharge of 
his or their duties * * * shall be deemed guilty/' 
etc. 

It would appear to me from the provision of this section 
that if a carrier who brings sheep within this state fails to 
hold them for a sufficient length of time to enable your of- 
fice to perform its full duty under the law, that such carrier 
would be chargeable as for a misdemeanor for disregarding 
the provisions of the act, and might also be chargeable with 
hindering, obstructing or resisting your office. 

Accompanying your request for an opinion upon these 
matters, I find a communication from the Northern Express 



LIVE STOCK SANITARY LAWS OF MONTANA 67 

Company, with whom you had some correspondence relative 
to a recent shipment of sheep into the state, and in regard 
to which you charged this company with a violation of the 
law. In the communication referred to this company seems 
desirous of co-operating with your office and offers to pub- 
lish instruction to its agents regarding the shipment of 
sheep into this state, in conformity with the law and the 
orders of your department. Since in many instances agents 
or carriers are manifestly ignorant of the provisions of the 
law upon the subject, I believe it would be well for your 
office to accept the offer of this company to publish and dis- 
tribute to its agents such instruction as you may deem per- 
tinent to the subject under consideration, to the end that 
furher misunderstanding may be avoided. 

Yours very truly, 

D. M. KEL/LY, 

Attorney General. 



Livestock Sanitary Board, Authority of. Tubercular Ani- 
mals, Authority to Destroy. Diseased Animals, Power of 
Live Stock Sanitary Board. "Bang System." 

It is immaterial how or under what circumstances tuber- 
culous animals are shipped into the state, for under existing 
laws, the authority of the Live Stock Sanitary Board is uni- 
form as to native and imported animals. 

Two classes of animals may be slaughtered: 1. Ani- 
mals determined to be affected with diseases requiring 
slaughter, and 2. Animals so exposed as to require their 
slaughter as a sanitary safeguard. 

The authority to slaughter is absolute, but in the in- 
terests of economy the "Bang System" may be employed in 
an effort to preserve the offspring of diseaesed animals. 

June 9, 1914. 
Dr. W. J. Butler, State Veterinary Surgeon, 
Helena, Montana. 

Dear Sir: 

I am in receipt of your letter of the first instant, as 
follows : 

"In instances where tuberculous animals are shipped in- 
to the State of Montana either under a fraudulent certificate 
or a certificate that may have been made in good faith but 
which is found to cover diseased animals, or where cattle 



68 LIVE STOCK SANITARY LAWS OF MONTANA 

are shipped in without any certificate whatsoever, has 
the Live Stock Sanitary Board of Montana the authority 
to immediately destroy without permitting the owner the 
privilege of quarantining his animals, and employing the 
system known as the "Bang System," or has the owner of 
such stock the rights and privileges granted all owners 
of cattle that are found diseased within the State, that were 
not diseased or knowingly diseased prior to their entrance 
into the state? 

"If the Live Stock Sanitary Board, from economic 
reasons, desires to grant the owners of diseased cattle shipped 
into the state the privilege of employing the "Bang System" 
has the Live Stock Sanitary Board the right to demand from 
that owner an agreement to the effect that the owner will 
stand and pay all expenses necessary for the proper applica- 
tion of the "Bang System" and the testing of all offspring 
and animals that have been bred or have come in contact with 
the diseased animals? Has the Board also the authority to 
demand, in this written agreement, that the owner will notify 
the State Veterinary Surgeon of all animals bred to, or 
brought into contact with, the diseased animals." 

In my opinion, it is immaterial as to how or under what 
circumstances tuberculous animals are shipped into the 
State of Montana, for under the existing law, the authority 
of the Live Stock Sanitary Board to deal with diseased ani- 
mals, found within this state, is uniform as to native animals, 
and animals imported. 

Under the provisions of Section 1889, Revised Codes of 
Montana, (See Section 10,, Chapter 157, Session Laws 1917) 
two classes of animals may be slaughtered; first, animals 
determined by either the State Veterinary Surgeon ^)r deputy, 
to be affected with a disease requiring slaughter ; and second, 
animals so exposed to disease as to require their slaughter as 
a sanitary safeguard. No compensation is provided for ani- 
mals slaughtered falling within the first class, but compen- 
sation is provided for the slaughter of animals falling within 
the second class. If, therefore, you should find the tubercu- 
lous animals mentioned in your letter to be so diseased as to 
require slaughter, your authority to do so is absolute, and the 
owner of the animals is not entitled to compensation. It is 
provided, however, (Sec. 1891) (See Section 25, Chapter 157, 
Session Laws 1917) that in tuberculosis of cattle, the sani- 



LIVE STOCK SANITARY LAWS OF MONTANA 69 

tary Board may direct the state veterinary surgeon to detain 
such cattle in quarantine subject to eradication by the so 
called "Bang System" or other improved system approved by 
the Board. Should you deem it expedient to refrain from 
slaughtering these animals for economic reasons, and adopt 
or employ the "Bang System," the Live Stock Sanitary 
Board should demand from the owner an agreement to the 
effect that all necessary expenses will be borne by such 
owner. It should also be required that the owner notify the 
State Veterinary Surgeon of all animals bred to or brought 
into contact with the diseased animals. 

Yours very truly, 

D. M. KELLY, 

Attorney General. 



Sanitary Board, Livestock. Livestock Sanitary Board, 
Powers of. Powers, of Livestock Sanitary Board. Veterin- 
ary Surgeon, Duties of. 

It is within the power and is the duty of the Livestock 
Sanitary Board, and the Veterinary Surgeon to employ the 
most efficient and practical means to eradicate and prevent 
dangerous, contagious, etc., diseases among the livestock of 
this state. 

In determining the condition of an animal, it is not 
necessary to trace the history of the animal as to how or 
when or by what means it came within the State of Montana, 
but only to determine its then condition. 

Attention is directed to Chap. 146, Laws 1911, (See Sec. 
tion 24, Chapter 157, Session Laws 1917) relating to dairy 
stock. 

July 3, 1914. 
Hon. W. J. Butler, 

State Veterinary Surgeon, 
Helena, Montana. 
Dear Sir: 

On June 9th, 1914, in reply to an inquiry submitted, a 
communication was addresed to you, relative to the power and 
authority and method of your department in dealing with 
tubercular animals shipped into the State of Montana. Your 
attention is here called to some additional statutes and pro- 
visions relating to this same subject. In dealing with cattle 



70 LIVE STOCK SANITARY LAWS OF MONTANA 

found afflicted with any dangerous diseases, there is no duty 
resting upon your department or that of the live stock sani- 
tary board, to trace the history of the animal, or to institute 
inquiry as to how it came to the State of Montana, but you 
may deal with it as an animal found by you within the State. 
Your attention is also called to the provisions of Section 
1888 of the Kevised Codes, (See Section 6, Chapter 157, Sess- 
ion Laws 1917) which confers authority, under Subdivision 3 
thereof, to supervise the sanitary condition of livestock of 
that state: 

"A. To determine and employ the most effi- 
cient and practical means to prevent dangerous, con- 
tagious, infectious, enzootic, epizootic, or any danger- 
ous non-contagious disease among live stock: 

"B. To prevent dangerous, contagious, infect- 
ious, enzootic, epizootic, or any dangerous, non-con- 
tagious disease among live stock: 

"C. To suppress dangerous, contagious, infect- 
ious, enzootic, epizootic, or any dangerous, non-con- 
tagious disease among live stock : 

"D. To control dangerous, contagious, infect- 
ious, enzootic, epizootic, or any dangerous, non-con- 
tagious disease among live stock. 

"E. To eradicate dangerous, contagious, infect- 
ious, enzootic, epizootic, or any dangerous, non-con- 
tagious disease among live stock." 

The provisions of this Section, 1888, and of 1889, (See 
Section 6 and 9, Chapter 157, Session Laws 1917) confer upon 
the Board and upon your department full authority to do any 
thing- that is necessary to protect the live stock of this State, 
in so far as the suppression, prevention, eradication or con- 
trol of disease is concerned. 

Your attention is also directed to the provisions of Sec- 
tion 4 of Chapter 146 of the laws of 1911, (See Section 25, 
Chapter 157, Session Laws 1917) which by its terms modifies 
the provisions of Section 1889, which is also proper for the 
board to consider in exercising the powers conferred upon it 
by the provisions of Section 1888, but this Section 1 of Chap- 
ter 146, Laws of 1911, has reference only to dairy stock. 

Yours very truly, 

D. M. KELiLY, 

Attorney General. 



LIVE STOCK SANITARY LAWS OF MONTANA 71 

Board of Veterinary Examiners, Duty of. Veterinary Medi- 
cine, Practicing Without License. 

Persons making verbal representations and application 
for employment as veterinary surgeons, or veterinary dent- 
ists, are practicing veterinary medicine within the meaning 
of Chap. 83, Session Laws, 1913, and are subject to prosecu- 
tion thereunder. 

Dr. A< D. Knowles, 

Secretary, Board of Veterinary Examiners, 
Butte, Montana. 

Dear Sir: 

I am in receipt of your communication under date the 
5th instant, requesting my opinion as to whether persons 
who are practicing veterinary medicine and dentistry without 
a license, though they are not advertising their business in 
print, but instead are making verbal prefessions and applica- 
tions for such work, can be prosecuted under the provisions 
of Chapter 82 of the Session Laws of the 13th Legislative 
Assembly ? 

I am of the opinion that such persons would be liable to 
prosecution under Section 9 of the Act. The proper pro- 
cedure would be for yourself or someone who knows the facts 
to make a complaint before a justice of the peace, and call at- 
tention of the county attorney to the violation of the Act. 

Yours very truly, 

D. M. KELLY, 

Attorney General. 



72 LIVE STOCK SANITARY LAWS OF MONTANA 

Animals, Disease, Slaughter of. Slaughter, of Diseased Ani- 
mals. Veterinary Surgeon, Authority of. Interstate Ship- 
ments, How Treated. 

Where animals are found in this state afflicted with foot 
and mouth disease, the Veterinary Surgeon may order same 
destroyed. 

Interstate shipments that are stopped in transit may be 
dealt with by the state authorities unless federal authorities 
act. 

November 21, 1914. 
Hon. W. J. Butler, 

State Veterinary Surgeon, 
Helena, Montana. 

Dear Sir: 

I am in receipt of your letter of present date, stating 
that a train load of cattle was shipped into the State of Mon- 
tana by the Northern Pacific Railroad Company, and that 
said cattle were either infected with the foot and mouth dis- 
ease, or had been exposed to such disease prior to reaching 
Montana. This stock, it appears, too, was consigned from a 
point without the state of Montana to points within the state 
of Montana, west of the City of Miles City ; that information 
was given you by the Veterinarian of North Dakota that this 
stock was diseased, and that you immediately ordered it to be 
stopped at the first station where food and water could be 
obtained. The railroad company in obedience to this order 
stopped and returned the train of cars to Glendive, Montana, 
and there the stock was unloaded; that subsequently, under 
the joint authority of the Federal inspector, and of the state 
authorities, three car loads of this stock found actually infect- 
ed with the disease, were slaughtered and the balance of the 
train load was held in quarantine. Since that time it has 
been ascertained that the whole of this stock is infected, by 
reason of exposure prior to reaching the State of Montana. 

Strictly speaking, goods or stock shipped from a point 
without the State of Montana, consigned to a point within 
said state, retains its character as interstate commerce until 
the point of destination is reached. 

Southern Ry. Co. vs. Greensboro, I. C. Co. 134 Fed. 82. 

In this case, however, it appears that after you had order- 
ed the shipment stopped, the Federal authorities recognized 
your authority so to do by assuming jurisdiction over the 



LIVE STOCK SANITARY LAWS OF MONTANA 73 

stock in the Glendive yards, and joined with you in the 
slaughter thereof. It does not appear clear just whether the 
Federal authorities did or will assume jurisdiction over the 
remainder of the stock. If such authorities will assume 
jurisdiction over the stock now in the yards, that jurisdiction 
should be accorded to it, but if they do not assume jurisdic- 
tion, or waive jurisdiction, then the very law of necessity will 
require the state authorities to act, and in such case you 
have full power and authority under the laws of the State of 
Montana, to cause this stock to be slaughtered. The letters 
heretofore addressed to you on July 3rd, 1914, and June 9th, 
1914, deal specifically with your authority in the slaughter 
of animals found to be affected with dangerous, contagious 
diseases. The principles there announced apply with equal 
force to the present case. 

To summarize and specify, the conclusion reached is that 
unless the Federal authorities immediately assume jurisdic- 
tion over this stock, that you as State Veterinary Surgeon 
have full power and authority to assume that jurisdiction, and 
to slaughter the stock. 

The general discussion of the relative authority of the 

State and United States in such matters, may be found in 

Reid vs. Colorado, 187 U. S. 137. 

Yours very truly, 

D. M. KEL,LY, 

Attorney General. 



Quarantine Proclamations, Enforcing Provisions of. Sheriff, 
Expenses of in Enforcing Quarantine Proclamation. Ex- 
penses of Sheriff in Enforcing Quarantine Regulation, Pay- 
ment of. 

The expenses incurred by the sheriff in enforcing quar- 
antine regulation under orders of the State Veterinary Sur- 
geon are a proper charge against the county. 

December 23, 1914. 
Hon. Edward F. Fisher, 
County Attorney, 

Wibaux, Montana. 

Dear Sir: 

I have your communication under date December 19, 
submitting to me a letter addressed by you to the State Veter- 
inarian concerning the liability of Wibaux County for the ex- 



74 LIVE STOCK SANITARY LAWS OF MONTANA 

penses of the Sheriff in enforcing the quarantine proclama- 
tion made by the Governor to prevent the importation of 
cattle affected with the foot and mouth disease. You state 
that the bills for service and • expense incident to holding 
cattle and guarding the state line to prevent such cattle be- 
ing driven across were filed with the Clerk of Wibaux County 
and disallowed by the Commissioners. The provisions of law 
which affect this question are those concerning the State 
Veterinarian, the Live Stock Sanitary Board, and Sheriffs. 

Section 1888, Revised Codes of Montana of 1907, (See 
Section 6, Chapter 157, Session Laws 1917) defining the 
powers and duties of the State Live Stock Sanitary Board 
gives it power "to determine and employ the most practical 
and efficient means to prevent, suppress, control and eradi- 
cate" certain specified diseases. Sec. 8847, Revised Codes of 
Montana of 1907, makes it a misdemeanor to import cattle 
from districts against which quarantine is declared. Every 
theory of law makes it the duty of a sheriff to enforce the 
laws of the State, and Sec. 3024, Revised Codes of 1907 
makes it his duty to execute process and orders issued by 
competent authority, the language being as follows: 

"A sheriff or other ministerial officer is justi- 
fied in the execution of and must execute all process 
and orders regular on their face and issued by com- 
petent authority whatever may be the defect in the 
proceedings upon which they were issued." 

The State, as such, has no separate and distinct police 
organization of its own. The laws are enforced by the local 
authorities, and for this purpose are county organized. It has 
often been held that counties are merely political subdivisions 
of the state founded for the more prompt and economical ad- 
ministration of the laws. One of the chief functions of 
counties is this very one. It is eminently proper, therefore, 
that the sheriffs of the various counties execute the orders of 
the state officers in the matter of quarantine, as well as in 
other infractions of the law. 

The argument that border counties by such an interpre- 
tation are made watch-dogs for the whole state can hardly be 
used as an argument against the duty of the county to enforce 
the state law because, as indicated above, this is one of the 
primary purposes of their being. 



LIVE STOCK SANITARY LAWS OF MONTANA 75 

Another answer to this argument, if one were needed, 
is that given in an early English case to the effect that: 

"That which inures to the benefit of the whole 
realm benefits him upon whom the burden falls along 
with all others." 

For the reasons above indicated I am of the opinion that 
the expenses incurred by the Sheriff in enforcing the quaran- 
tine under orders of the State Veterinarian are a proper 

charge against the county. 

Yours very truly, 

D. M. KELLY, 

Attorney General. 



State Board of Health, Powers of. Dairies, Licensing of. 
State Dairy Commissioner, Powers and Duties of. 

Under existing laws it is competent for the State Board 
of Health to co-operate with the State Dairy Commissioner in 
carrying out the provisions of existing laws relating to both. 

It is unlawful to carry on a dairy business in this State 
without license from the State Board of Health. 

March 23, 1915. 
Hon. W. F. Cogswell, 

Department of Public Health, 
Helena, Montana. 
Dear Sir: 

I am in receipt of your leter of the 13th instant, wherein 
you set forth : 

"Section 10, Chapter 130, of the Session Laws 
1911, makes it unlawful for any person to conduct a 
dairy without having a license issued by the State 
Board of Health. Section 11 provides for the inspec- 
tion of dairies by the local, county health officers 
and gives the State Board of Health authority to 
make rules and regulations relative to the sanitary * 
condition of dairies. ,, 

"I should like to know in what respect the laws of 1913, 
creating the office of Dairy Commissioner, affects the powers 
and duties. of the State Board of Health, relative to the is- 
suing of licenses to dairies and the inspection of dairies. 

During the past two years by an arrangement with the 
Dairy Commissioner, the State Board of Health, through its 



76 LIVE STOCK SANITARY LAWS OF MONTANA 

local and county health officers, continued the inspection of 
dairies retailing milk. Our authority on several occasions 
has been questioned by the dairymen. 

I should like to know whether it is lawful to conduct a 
dairy without a license from the State Board of Health, and 
also whether Chapter 130, Session L&ws 1911, is still operative 
in respect to dairy inspection by local and county health 
officers." 

Chapter 130, Session Laws of the Twelfth Legislative As- 
sembly, confers certain powers upon, and defines the duties of 
the State Board of Health with relation to foods and drugs, 
the inspection thereof, to ascertain their purity, and with 
reference to dairy products, to direct the manner in which 
they shall be handled, so as to insure their purity and sani- 
tary condition, and to this end confers power upon the Board 
of Health to license the same and to make it unlawful to en- 
gage in the dairy business without a license from the State 
Board of Health. It directs the Board to make rules and 
regulations for the thorough and uniform enforcement of the 
provisions of the Act, which shall conform to the rules and 
regulations of the National Food and Drug Commission, made 
under the provisions of the National Food and Drug Act of 
June 30, 1906, so as to enable the Board to analyze and deter- 
mine the purity of dairy products, and to insure the sanitary 
management of dairies. 

Chapter 77 of the Laws of the Thirteenth Legislative 
Assembly is an Act creating the office of State Dairy Com- 
missioner, and defines his powers and duties, among which 
are to advise and instruct dairymen; to condemn unclean and 
unwholesome milk, cream, etc. ;to compile statistics, and give 
information and advise on the dairy industry with a view of 
securing settlers from the east, to encourage the investment 
of capital in the dairy industry; to co-operate with the Agri- 
cultural College at Bozeman, with a view of holding farmer's 
institutes for the instruction of persons engaged in the dairy 
industry; to inspect dairy products, with a view of ascertain- 
ing whether the same be adulterated and to see that milk, 
cream and other dairy products are kept in such places as to 
insure their sanitary condition when delivered to the con- 
sumer. 

It is my opinion that this latter act is not inconsistent, 
or in conflict with the Act of 1911, which does not undertake 



LIVE STOCK SANITARY LAWS OF MONTANA 77 

to repeal it; nor can it be said that any of its provisions are 
so inconsistent with the act of 1911 so as to warrant the con- 
clusion that there is a repeal by implication. Both acts are in 
my judgment in full force and effect. This being true, it is 
competent for the State Board of Health to co-operate with 
the Dairy Commissioner in carrying out the provisions of both 
Acts. 

It is of course unlawful for any person to conduct a dairy 
without a license from the State Board of Health. 

Yours very truly, 

D. M. KELiLY, 

Attorney General. 



State Board of Veterinary Examiners, Duties of. Veterinary, 
License of. License of Veterinarj% Duty of Board to Issue. 

The issuing of temporary license to veterinary surgeons 
who have not passed a successful examination is a matter 
within the discretion of the Board of Veterinary Examiners. 

April 3, 1915. 
Hon. A. D. Knowles, 

Sec'y, State Board of Veterinary Examiners, 
Butte, Montana. 
Dear Sir: 

I am in receipt of your communication under date of 
31st ult. submitting the following questions: 

1st: "Is the Board compelled to issue a tempor- 
ary license upon request, legal application having 
been filed with the Secretary, before examination 
has been taken by the applicant, whether he be a 
non-resident of this state or not?" 

2nd. "Is the Board compelled to issue a tem- 
porary license to a candidate who fails to pass an ex- 
amination, or to a candidate who has failed upon the 
second attempt to pass an examination, such candi- 
date having held a temporary license from the board 
after his first examination ?" 

All of these questions may be answered in the negative. 
The language of the Act is, Section 4, Chap. 82, Laws 
1913. 

"The Board may issue temporary license to such 
candidate, allowing him to practice pending the sue- 



78 LIVE STOCK SANITARY LAWS OF MONTANA 

cessful passage of an examination." 

The word "may" as used here relates to something 

which the Board is not required to do as a public duty, or in 
the fulfillment of the functions of its office; the issuance of 
the temporary license is a matter within the discretion of the 
Board, not something that can be demanded as of right. 

Yours very truly, 

D. M. KELiLY, 

Attorney General. 



Animals, Value of When Condemned. Diseased Animals, 
Value How Determined. Livestock, Amount to be Paid for 
Diseased When Slaughtered. 

Remuneration for livestock killed under order of the 
Veterinary Surgeon or the Livestock Sanitary Board, should 
be paid for upon assessment value shown upon the assess- 
ment roll next preceding the discovery of the disease. 

January 26, 1916. 
Hon. W. J. Butler, 

State Veterinary Surgeon, 
Helena, Montana. 
Dear Sir: 

I am in receipt of your communication under date of the 
24th instant, submitting for my opinion the proper valuation 
of animals found to be diseased and ordered to be slaughtered, 
but which for some reason are not immediately killed. 

You ask: 

"Is the assessed value to be taken as that found 
on the assessor's list at the time the animals were 
found diseased, or reacted to the test for determin- 
ing the presence or absence of disease, or is the value 
to be taken from the assessor's list as found thereon 
on the date of the actual destruction of the condemn- 
ed animal?" 

You state that there are cases where animals have re- 
acted to tests but are not immediately killed, either from un- 
avoidable circumstances, or in the case of tubercular animals, 
where they are held in quarantine by the owners, under the 
provisions of law allowing this. 

The provisions of Chapter 140, Laws of 1915, (See Sec- 
tion 10, Chapter 157, Session Laws 1917) allowing compensa- 



LIVE STOCK SANITARY LAWS OF MONTANA 79 

tion to owners of livestock killed under order of yourself or 
the State Livestock Sanitary Board, does not state what as- 
sessment is to be considered as determining the value of 
such animals, further than to say that: 

"The valuation of such animals so ordered to be 
killed, shall be the actual full assessed valuation 
thereof, as shown on the last assessment roll of the 
county in which such stock was assessed; but such 
assessment shall not in any case exceed the actual 
value of such stock at the time of such assessment." 
The only indication as to which assessment is to be taken, 

is the first portion of Section 3, which states when the state 
veterinary or his deputy or the state livestock board has 
deemed it advisable to slaughter such animals. 

I am of the opinion that the assessment by which the 
value of such animals is to be fixed is the assessment next 
preceding the determination by the state veterinary, or the 
board, that the animal must be slaughtered, and for these 
reasons, the law provides in Section 2502, Revised Codes, 1907, 
that "all taxable property must be assessed at its full cash 
value." Section 2512 of the Code requires property owners 
to make affidavit as to their property. The law presumes 
that property owners, as well as the officers, do their duty. 
No presumption arises after the condemnation of an animal 
that it was not fully assessed at the assessment previous to 
discovery of the disease, and certainly no one could successful- 
ly contend that the discovery of a slaughterable disease in an 
animal raised its value. Hence, an owner who wilfully raised 
the value of his animal subsequent to condemnation, could 
scarcely do so in good faith, the presumption being that at 
each assessment time he lists it at its full cash value. 

I am of the opinion, therefore, that compensation should 
be paid upon the assessment value shown for the animal upon 
the assessment roll next preceding the discovery of the dis- 
ease, and not at the time of slaughter. 

Yours very truly, 

J. B. POINDEXTER, 

Attorney General. 



80 LIVE STOCK SANITARY LAWS OF MONTANA 

Quarantine. Sheep, Imported. Sheep Quarantine of. Veter- 
inary Surgeon, Right to Quarantine. Statute, Construction 
of. Construction of Statute. 

It is a violation of law for a person to drive or place 
unquarantined sheep within the quarantine limits established 
under the provisions of Section 1872, R. C. (See Section 22, 
Chapter 157, Session Laws 1917.) 

September 12th, 1916. 
Honorable W. J. Butler, 
State Veterinarian, 
Helena, Montana. 

Dear Sir: 

I am in receipt of your letter of the 27th ultimo, sub- 
mitting the question: 

"Is it a violation of law for a person to drive 
or place unquarantined sheep within the quarantine 
limits established under and by virtue of the provi- 
sions of Section 1872, R. C. as amended by Chap- 
ter 123, Laws of 1913?" (See Section 22, Chapter 157, 
Session Laws 1917.) 

The purpose of quarantine is to protect stock by eradi- 
cating and preventing the spread of disease. If the quaran- 
tine established under the authority of said Section 1872 may 
be violated at will, then the law is of not any avail. The 
provisions of Section 1877, (See Sections 8 and 31, Chapter 
157, Session Laws 1917) make it an offense for anyone to 
"wilfully or negligently permit any sheep to be placed within 
the limits of any quarantined premises." We believe this 
provision of the law is broad enough to enable the enforce- 
ment of the quarantine established under Section 1872. The 
statement contained in Section 1877 "or any locality prohi- 
bited or quarantined under proclamation of the governor" 
does not necessarily limit the meaning of the preceding 
clause, but is an addition thereto, and the provisions of the 
Section making it a misdemeanor to break the quarantine 
are not limited to quarantines established by proclamation 
of the governor, but extend to quarantines established under 
the provisions of said Section 18.72. 

Yours very truly, 

J. B. POINDEXTER, 

Attorney General. 



LIVE STOCK SANITARY LAWS OF MONTANA 81 

April 28th, 1917. 
Dr. W. J. Butler, 

State Veterinary Surgeon, 
Helena, Montana. 

I am in receipt of your letter of the 20th, inst. request- 
ing my opinion as to whether, in salvaging carcasses of prop- 
erty destroyed by a representative of the Live Stock Sani- 
tary Board, where such money is payable one-half to the 
State and one-half to the County, it will be permissible for 
the total amount of money to be paid direct to the State 
Treasurer and placed to the credit of the Live Stock Sani- 
tary Board, and then the amount of money due the different 
counties paid out of this fund upon an order of the Live 
Stock Sanitary Board, approved by the State Board of Ex- 
aminers, or whether one-half of such money must be paid 
directly to the State Treasurer and one-half thereof directly 
to the county treasurer of the county wherein the animal 
or property was destroyed. 

Chapter 127, Acts of the Fourteenth Session, pages 282- 
283, Session Laws of 1915, created the Live Stock Sanitary 
Board Fund. 

The State Live Stock Sanitary Board Fund is created 
by Section 4 of Chapter 127, Acts of the 14th Session, page 
283, Session Laws 1915, Section 3 of this chapter provides 
for the levying of a tax for this fund, while Sections 3 and 4 
prescribe the purposes for which such fund is to be used, "to 
be used by said Board for the purpose of indemnity for ani- 
mals slaughtered and for the payment of expenses in in- 
vestigating and suppressing diseases, including quarantine 
and all expenses connected therewith." 

Section 8 of Chapter 157, Acts of the 15th Session, page 
386, Sess. Laws 1917, provides for the sale, under certain 
conditions, of the carcasses ordered destroyed, and that the 
net proceeds of such sales shall be payable one-half to the 
Livestock Indemnity Fund and one-half to the county trea- 
surer of the county in which the animal or animals were 
owned. The provision requiring one-half of the net pro- 
ceeds to be paid into the Stock Indemnity Fund is evidently 
a mistake, it being intended to require such amount to be 
paid into the Live Stock Sanitary Board fund from which 
fund payment is made for animals slaughtered. 



82 LIVE STOCK SANITARY LAWS OF MONTANA 

Section 3 and 4 of Chapter 127, Acts of the 14th Ses- 
sion prescribing specifically the purposes for which the Live 
Stock Sanitary Board Fund shall be used, and Section 8 of 
Chapter 157, Acts of the 15th Session, requiring one-half of 
the net proceeds of sales to be paid to the county treasurer, 
I am of the opinion that the total net proceeds of such sales 
cannot be paid to the State Treasurer to be credited to the 
Live Stock Sanitary Board Fund and one-half thereof after- 
wards paid out of said fund to the county treasurer of the 
county wherein the animal or animals were owned, but one- 
half of the net proceeds of such sales must be paid directly 
to the State Treasurer for the Live Stock Sanitary Board 
Fund, and the other one-half must be paid directly to the 
county treasurer. 

Respectfully, 

S. C. FORD, 
Attorney General. 



Helena, Montana, June 20, 1917. 
Dr. W. J. Butler, 

State Veterinary Surgeon, 
Plelena, Montana. 
Dear Sir: 

I am in receipt of your letter of the 12th inst. submitting 
the following 

"I have been requested to permit a bull that is 
suffering from tuberculosis to be moved from one 
county to. another county in the State of Montana. 

"This bull is now held in quarantine as per- 
mitted by the Montana Statutes and the Regulations 
of the Live Stock Sanitary Board. 

"I desire an opinion as to whether or not the 
Live Stock Sanitary Board has authority to permit a 
tuberculous animal to be moved, under official quar- 
antine restrictions, from one county to another 
county in the State of Montana, for other than im- 
mediate slaughter." 

Section 25 of Chapter 157, Acts of the 15th Session, 
(page 396), is as follows: 

"Whenever tuberculosis is discovered in any 
bovine animal the owner of the tuberculous animal 
shall retain the animal or animals under restrictions 



LIVE STOCK SANITARY LAWS OF MONTANA 83 

or rules as the Sanitary Board may direct, or the 
animals may be destroyed and compensated for as in 
animals of the first class. 

"Tuberculous animals may be shipped within 
the boundaries of this State under the direction of 
the State Veterinary Surgeon, or his deputy, to any 
abbatoir where proper post mortem inspection may 
be made by the State Veterinary Surgeon, his deputy 
or Federal Inspector. The inspection must conform 
with the meat inspection regulations of the United 
States Bureau of Animal Industry. The carcass if 
passed on official state or federal inspection may be 
used for food." 

This section after providing that such animals must 
either be held by the owner in quarantine or be slaughtered, 
provides for the shipment of such animals, within the State 
to an abbatoir, that is shipped within the state for immedi- 
ate slaughter, and I am of the opinion that the legislature by 
providing that such animals may be shipped within the state 
for immediate slaughter intended to prohibit the shipping of 
such animals, within the state, for any other purpose. 

You are therefore advised that the State Sanitary Board 
has no authority to permit a tubercular animal to be moved 
from one county to another county in the state for any pur- 
pose other than immediate slaughter. 

Respectfully, 

S. C. FORD, 
Attorney General. 



84 LIVE STOCK SANITARY LAWS OF MONTANA 

GENERAL INSTRUCTIONS GOVERNING THE INSPEC- 
TION OF LIVESTOCK; ERADICATION OF INFECTIOUS 
CONTAGIOUS DISEASES AND DISINFECTION. 

District Deputies must investigate immediately all re- 
ports of an infectious-contagious disease. 

Resident Deputies must report immediately all cases of 
an infectious-contagious nature to the State Veterinary Sur- 
geon at Helena. If the disease is of a serious nature and the 
Resident Deputy cannot secure the immediate services of a 
District Deputy, the Resident Deputy must make an immedi- 
ate investigation without waiting for orders from the State 
Veterinary Surgeon. Where the disease reported, or known 
to exist, is not of a serious character, the Resident Deputy 
should report immediately to the State Veterinary Surgeon 
and await instructions. 

Reports of outbreaks of a serious infectious-contagious 
disease must be immediately wired or telephoned to the State 
Veterinary Surgeon at Helena. All telephonic or telegraphic 
reports must be immediately confirmed by a letter giving 
complete details. 

All animals suffering from a serious infectious-conta- 
gious disease and all animals exposed to such disease and all 
premises where such animals have been contained must be 
immediately quarantined, a written quarantine notice to be 
issued in all such cases. 

Inspectors must always bear in mind that they are work- 
ing for the common welfare and the stock interests of Mon- 
tana. They must bear in mind that the owner of diseased 
stock is suffering a financial loss and may not be conversant 
with the disease with which his animals are suffering and the 
necessity of its eradication for the common welfare. Realiz- 
ing this, the inspector must not become officious but must 
use every reasonable effort to acquaint the owner of the 
stock with the true nature of the disease and by his action 
and the thoroness of his work gain the confidence of the 
stockman. 

Absolute knowledge of the disease at hand, with ihe ef- 
ficient and thoro handling of its eradication and with punc- 
tuality and tact in the administration of the Sanitary Board 
regulations are essential in all sanitary work. 



LIVE STOCK SANITARY LAWS OF MONTANA 85 

INSPECTIONS. 

Animals suffering from an infectious-contagious disease 
or where the slightest suspicion exists as to the possibility of 
their being so infected must be given a careful and system- 
atic examination in order to determine whether or not such 
a disease exists. The fact that a serious infectious-conta- 
gious disease has not heretofore existed must not be taken 
into consideration in making the examination. The examina- 
tion and inspection must be so thoro that the diagnosis is 
made on absolute facts and not on supposition as to the non- 
existence of certain disases in that district. 

Scope of Inspection. The examination must not be con- 
fined to the suspicious animals but must include all suscept- 
ible animals of different species on the infected premises and 
if the disease is of a serious nature, such as foot-and-mouth 
disease, anthrax, glanders, scabies, etc., the inspection 
must be extended to susceptible animals on adjacent prem- 
ises or which have been exposed to the disease. The number 
of animals affected and exposed and a description of the 
lesions must be noted. 

Tracing Infection and Shipments. In outbreaks of an 
infectious-contagious disease the infection must be traced to 
its origin whenever possible and the diseased or exposed ani- 
mals must be quarantined and tested, wherever a test is ap- 
plicable. 

In cases of foot-and-mouth disease a report must be 
secured of all livestock shipments into and out of the affected 
community. All stockyards, stock-cars and premises which 
have been exposed to foot-and-mouth disease or other highly 
infectious-contagious disease must be immediately quaran- 
tined and placards placed on the premises prohibiting the 
movement of livestock or people from the affected premises 
until such premises have been officially disinfected. Also, 
in outbreaks of foot-and-mouth disease, cream, milk, butter- 
milk and whey from creameries to which milk from diseased 
or exposed animals have been shipped must be properly ster- 
lized. Railroad companies and creameries must be given of- 
ficial notice relative to the outbreak of the disease. 

Employment of Guards, In all outbreaks of foot-and 
mouth disease, or other such serious infectious-contagious 
disease, guards should be employed to see that quarantine 



86 LIVE STOCK SANITARY LAWS OF MONTANA 

regulations are strictly observed. Inspectors must inform 
the guards relative to the nature of the disease and its mode 
of spreading, also complete instructions must be given the 
guards relative to the proper disinfection of their clothing. 

Disposal of Animals Where Slaughter is Required. Im- 
mediately upon comfirmation of a diagnosis of a disease re- 
quiring slaughter, the animals must be destroyed and burned 
or buried in accordance with the Live Stock Sanitary Board 
regulations (See Sections 9 and 13, Chapter 157, ' Session 
Laws of 1917.) 

Appraisal of Animals and Property Condemned and Des- 
troyed. See Sections 10, 11 and 12, Chapter 157, Session 
Laws of 1917. 

Trenches for Burying Animals. Where animals are to 
be disposed of by slaughter and burial, the digging of a trench 
must be started immediately. In the case of animals of the 
first class the cost of burial must be borne by the owner of 
the stock. In the case of animals of the second class, the 
cost of burial will be paid for the same as property destroyed 
(See Section 10, Chapter 157, Session Laws of 1917.) 

Contracts for digging trenches and burial of animals 
should be made in writing. Where the expenses are paid part 
by the United States, a Federal inspector must also sign the 
contract. 

Trenches for burying animals should be seven feet deep, 
seven feet wide and long enough to allow all carcasses to rest 
upon one side of the bottom, The length may be calculated 
by allowing two feet for adult cattle or horses of ordinary 
size. Usually there is room in a trench of this size for the 
additional number of hogs and sheep found on the average 
farm, allowing two hogs or sheep for each cow. If the num- 
ber of hogs and sheep exceed this proportion, additional space 
should be provided in specifying the length of the trench. A 
temporary pen should be constructed at the end or the side of 
the trench to herd animals previous to their destruction. 
Trenches should be dug at a convenient point near the affect- 
ed animals in order that they may not be driven over unin- 
fected territory. 

After slaughter, the animals should have the hides or 
skins slashed and the carcasses should be eviscerated and 
covered with unslaked lime. One barrel of lime for every 



LIVE STOCK SANITARY LAWS OF MONTANA 87 

six or eight cattle or horses or twelve sheep or swine is usual- 
ly sufficient. If the animals are large, additional lime should 
be used. Five or more feet of earth must cover all carcasses. 

Disinfection of Cars. Cleaning and Disinfecting the 
Premises. Remove all litter and manure from all parts of 
the car, including ledges and framework outside; clean the 
exterior and interior of the cars; and saturate the entire in- 
terior surface, including the inner surfaces of the car doors, 
with a permitted disinfectant. 

Cleaning of Boats. Remove all litter from decks, stalls 
or other parts of the Boat occupied by the diseased animals 
and from portable chutes or other appliances or fixtures used 
in loading or unloading and saturate the entire surface 
of the decks, stalls or other parts of the boat occupied or tra- 
versed by the animals or with which they have come in con- 
tact or which have contained litter or manure, with a per- 
mitted disinfectant. 

Disinfection of Yards, Pens, Stables, Chutes or Premises. 

Empty all troughs, racks or other feeding or watering facil- 
ities; remove all litter, manure and accumulations for the 
floors, posts or other parts; remove all loose woodwork; 
thoroly scald water troughs and feed racks with boiling 
water. Floors, walls and ceilings must be cleaned and the 
entire surface of the fencing, troughs, chutes, floors, 
walls and other parts must be saturated with a permitted dis- 
infectant. All accumulations and manure or woodwork re- 
moved must be burned or mixed with lime and buried. 

Disinfection of Harness, Stable Implements and Clothing. 

All harness, stable implements and clothing, where such pro- 
cedure will not injure their value, should be placed in boiling 
water for not less than thirty minutes. Where boiling will 
injure the material, they should be immersed for from fifteen 
minutes to one hour in one of the permitted disinfectants — 
the time depending whether or not the infection is spore 
bearing. 

Where the flooring is of dirt, the upper layer and all 
moist dirt must be removed and a layer of unslaked lime 
substituted. 

In disinfecting stables or premises, it is advisable to add 
not more than one and one-half pounds of lime to the gallon 
of disinfectant. In this way, positive knowledge is obtained 



88 LIVE STOCK SANITARY LAWS OF MONTANA 

that the entire surface has come in contact with the disin- 
fectant. 

Where large surfaces are to be disinfected, a force pump 
with a spray nozzle is absolutely essential. Where only a 
stall or a limited surface requires disinfection, a whitewash 
brush may be used for the walls and a sprinkling can may be 
used to disinfect the floors. 

In disinfecting buildings, as soon as the disinfecting solu- 
tion is practically dry, all doors and windows should be 
opened for the admission of sunlight and animals should not 
be placed in the buildings until at least twenty-four hours 
have elapsed. 

PERMITTED DISINFECTANTS. 

(a) Compound Solution of Cresol, U. S. P. at a dilu- 
tion of at least four ounces to one gallon of water. 

This disinfectant is extremely efficient in spraying the 
exterior and interior of buildings, pens and stockyards. 

Advantages and disadvantages of Compound Solution of 
Cresol, U. S. P.: 

(1) A three or four per cent, solution of cresol is as 
efficient as a five per cent, solution of carbolic acid. 

(2) It is not interfered with by albuminous substances. 

(3) It does not destroy metals or fabrics in a four per 
cent, solution. 

(4) It is more effective than carbolic acid for destroy- 
ing spores of bacteria such as anthrax or blackleg. 

It is a little more expensive than ordinary cresol owing 
to a stronger solution being required but this, in a measure, 
is compensated for by its ready solubility. 

(b) Liquified Phenol (Liquified Carbolic Acid) at a 
dilution of at least six fluid ounces to a gallon of water. 

This disinfectant is also efficient in spraying the exterior 
and interior of buildings, pens or stockyards. 

Advantages and disadvantages of carbolic acid: 

(1) It is reasonably effective for destroying non-spore 
bacteria. 

(2) Its action is only slightly interfered with by almu- 
minous substances. 

(3) It does not destroy metals or fabrics in a five per 
cent, solution. 



LIVE STOCK SANITARY LAWS OF MONTANA 89 

(4) It is readily available at all pharmacies. 
Disadvantages : 

(1) In a five per cent, solution it cannot be depended 
on to destroy the spores of bacteria such as anthrax and 
blackleg. 

(2) It is expensive. 

(c) Chloride of Lime. (U. S. P. strength 30% avail- 
able chlorine) at a dilution of one pound to two gallons of 
water. 

Chloride of Lime is very satisfactory for outside disinfec- 
tion work where there is plenty of air, as, for instance, man- 
ure piles, open sheds, stock-pens, ground, etc., but is, on ac- 
count of its irritating fumes, not indicated for spraying closed 
buildings. 

Chloride of Lime is useful in disinfecting cars and pens 
or for mixing with infections excreta. It is a powerful de- 
odorant and is advisable for use in foul smelling cess pools 
and similiar places. Its chief disadvantages are uncertainty 
of strength and destructiveness to metals and fabrics. 

(d) Bichloride of Mercury. In a one to one thousand 
solution. 

Bichloride of Mercury is extremely efficient in disin- 
fecting hides and implements but should not be used in 
troughs or other places where animals may become poisoned 
from its use. 

Bichloride of mercury is a violent poison and has the 
property of combining with albuminoids to form inert com- 
pounds. This limits its usefulness as a general disinfectant. 
It should never be used to disinfect excreta or substances con- 
taining blood or serous fluids. Bichloride solutions are not, to 
be kept in lead or tin containers or poured thru lead pipes as 
the mercury combines with these metals and injures them be- 
sides affecting the germicidal efficiency of the solution it- 
self. The chief advantage in the use of bichloride of mercury 
lies in its great germicidal power when employed under pro- 
per conditions. Its disadvantages are its poisonous nature 
and its tendency to attack certain metals and the interference 
by albuminoids and other organic substances. 

(e) Formaline. (40% formaldehyd) one quart to five 
gallons of water. 



90 LIVE STOCK SANITARY LAWS OF MONTANA 

The solution of formaldehyd (formalin) is suitable for 
disinfecting hay, straw, harness, blankets, feed racks, lap 
robes, finished surfaces, walls, ceilings, etc. 

Formaldehyd gas is suitable for disinfecting dwellings, 
cellars, milk houses, granaries and other tight buildings. 
Clothing and other articles that cannot be dipped or sprayed 
may be hung in such buildings and fumigated. 

A five per cent, solution of formaldehyd is regarded as 
superior to carbolic acid of the same strength as a general 
disinfectant. It is applied directly to the substance requiring 
disinfection and in the case of refuse, excreta and similiar 
substances should be mixed with them. 

Production of Gas From Formalin. There are several 
methods liberating formaldehyd from formalin solutions. 
Where portable autoclaves are used, ten ounces of formalin 
should be used for each one thousand cubic feet of air space. 
The room in which the gas is liberated must be kept closed 
from two to twelve hours, depending on the contents of the 
room. Formaldehyd gas may be liberated from formalin by 
pouring formalin upon crystallized or powdered potassium 
permanganate. The amount of gas evolved depends in a 
great measure on the relative weights of permanganate and 
formalin employed. Where six parts of formalin to five parts 
of permanganate is used, fifty per cent of the formaldehyd 
employed is liberated in the form, of gas ; therefore, for disin- 
fecting one thousand cubic feet with this method, use twenty 
ounces of formalin and sixteen and two-thirds ounces of per- 
manganate. The needle shaped crystals of permanganate 
should be employed. Place the requird amount of permanga- 
nate in a wide-bottom vessel, such as an ordinary dish pan 
and pour the formalin on quickly. Then close the compart- 
ment for from six to twelve hours depending on the char- 
acter of the articles to be disinfected. Ordinarily there is 
very little danger from fire when the permanganate method 
is used but, as sparks may be given off from the mixture of 
formalin with permanganate it is advisable to remove the 
easily combustible materials from the vicinity of the gener- 
ator and also to place the generator in a shallow container of 
water. 

Advantages and disadvantages of formaldehyd. Advan- 
tages : 



LIVE STOCK SANITARY LAWS OF MONTANA 91 

(1) It is one of the most powerful germicides known. 

(2) Its action is not interfered with by alumbinous sub- 
stances. 

(3) It is not poisonous and may, therefore, be used for 
disinfecting hay and grain without destroying these for food 
purposes. 

(4) It is not injurious to delicate fabrics, paints or met- 
als. (Formalin solutions will attack iron but not other 
metals.) 

Disadvantages : 

(1) The gas has a strong tendency to condense in cold 
weather and is not reliable when the air temperature is 
below 50 degrees F. 

(2) It is necessary to seal tightly all premises which 
are to be disinfected with the gas in order that penetration 
may be secured and that the required concentration may be 
maintained for a sufficient length of time. 

(f) A Permitted "Saponified Cresol Solution" at a dilu- 
tion of at least four fluid ounces to one gallon of water. 

"Saponified cresol solutions" may be substituted for the 
Compound Cresol Solution, U. S. P., when such "saponified 
cresol solution" shall have been licensed and permitted by the 
United States Bureau of Animal Industry. "Saponified cresol 
solutions" may not be used unless their container has a label 
on which is printed the official notice that they are recog- 
nized and permitted by the United States Bureau of Animal 
Industry. 

The following "saponified cresol solutions" have been 
recognized : 

Cooper's Fluid Dip (Wm. Cooper and Nephew, 
Chicago, Illinois). 

Cresol solution prepared by the Barrett Manu- 
facturing Company, Philadelphia, Pa. 

INFECTED HAY AND STRAW. 

In outbreaks of foot-and-mouth disease or other ex- 
tremely infectious-contagious diseases, hay mows, hay stacks 
and straw stacks which have been infected by animals feeding 
from the sides or trampling upon the exposed sides and top 
should be thoroly raked off and cut down from one and one- 
half to two feet and the balance of the stack sprayed with a 



92 LIVESTOCK SANITARY LAWS OF MONTANA 

four per cent, formaldehyd solution. The hay or straw re- 
moved from the infected stacks should be immediately burnt. 



PERSONAL DISINFECTION. 

In all instances, veterinarians and others engaged in the 
examination of animals suffering from an infectious-conta- 
gious disease must disinfect their shoes and outer clothing if 
they become contaminated before leaving the premises. 

When employed on foot-and-mouth disease or other ex- 
tremely infectious-contagious diseases, each inspector should 
have the following equipment: 

One suit case or other receptacle for carrying State pro- 
perty, disinfectants, etc. 

One rubber cape for use in personal disinfection. 

One rubber coat. 

One pair rubber boots. 

One pair rubber gloves. 

One rubber hat. 

One enameled washpan. 

One disinfecting pan. 

One sponge. 

One bottle of bichloride of mercury tablets. 

One bottle of formalin. 

One bottle of potassium permanganate. 

Upon reaching the premises where livestock is to be in- 
spected for foot-and-mouth disease the inspector or employe 
must put on his rubber outer garments immediately on 
alighting from his conveyance and, upon the completion of 
the inspection and before leaving the premises sponge the 
rubber hat, boots and clothes both on the outside and on 
those portions of the inside which might have been contami- 
nated with a solution of bichloride of mercury of not less than 
one to one-thousand strength and if the premises have been 
found to be infected with disease the inspector or employee 
shall fumigate himself by fastening the cape about the neck 
and place under him upon the ground the disinfecting pan in- 
to which shall be placed about two drams of potassium per- 
manganate, over which shall be poured about one ounce of 
formalin; the cape and pan should not be removed until the 
formaldehyd gas so formed shall have had sufficient time to 
penetrate all clothing. If used in cold weather, it may be 
found necessary to warm the pan. 



LIVESTOCK SANITARY LAWS OF MONTANA 93 

DISINFECTION OF DOGS, POULTRY, ETC. 

Immediately upon the quarantine of infected premises 
for foot-and-mouth disease or other extreme infectious-conta- 
gious diseases, all dogs, poultry, etc., must be confined until 
disinfection of the premises is completed. Before being re- 
leased all dogs, poultry, etc., must be dipped under, the super- 
vision of an inspector in a slightly warm solution containing 
approximately two per cent, of compound solution of cresol. 

DISINFECTION OF HIDES. 

The sale or skinning of hides from animals known to 
have died from a disease caused by a spore-bearing micro- 
roganism, such as anthrax or blackleg, is prohibited. 

Hides from animals suspected to have died from a disease 
caused by a spore-bearing micro-organism or which have been 
exposed to such a disease must be immersed in a one to one 
thousand bichloride of mercury solution for not less than 
forty-eight hours. 

STATE PROPERTY. 

Inspectors must keep a list of State property in their 
possession and must keep it thoroly clean and disinfected 
and in good repair at all times. 

NOTICE TO OWNERS OBJECTING TO INSPECTION. 

Where an infectious-contagious disease is known or sus- 
pected to exist and where the law or a general order or a 
special order of the Livestock Sanitary Board requires sus- 
pected animals to be inspected or tested, if the owner refuses 
to permit the animals to be inspected or tested, the deputy 
or inspector will immediately issue a written order giving 
notice to the owner, agent or custodian of the livestock desig- 
nating a certain time and place for the animals to be gathered 
and held subject to inspection or test. In this written notice 
the disease suspected will also be designated and the veterin- 
arian or inspector will be at the designated place punctually at 
the time stated in the written notice. If the owner fails to 
comply with the order then the State Veterinary Surgeon at 
Helena and the County Attorney of the county in which the 
animals are running must be immediately notified. (See also 
Section 13, Chapter 157, Session Laws of 1917.) 



94 LIVE STOCK SANITRY LAWS OF MONTANA 

POST MORTEM INSPECTIONS. 

A post mortem inspection must be held on all animals 
destroyed by order of the Livestock Sanitary Board, excepting 
in cases of general outbreaks of foot-and-mouth disease or 
anthrax or where inclement weather will not permit a proper 
autopsy. 

NECROBACILLOSIS. 

In the inspection of livestock for necrobacillosis, when 
more than two tissues are affected or where the ulcerations 
are extensive and accompanied by considerable pus forma- 
tion, the disease is to be considered as an infectious-con- 
tagious disease and the affected animals quarantined. 

SALVAGE OF ANIMALS AND PROPERTY. 

Wherever possible carcasses or hides of animals destroyed 
for tuberculosis are to be salvaged. In the case of animals of 
the first class, salvage money must be made payable one- 
half to the livestock Sanitary Board Fund and one-half -to 
the county treasurer of the county in which the animals were 
assessed or owned. 

In the case of salvage money obtained for animals or 
property of the second class, the entire amount of money must 
be made payable to the Livestock Sanitary Board Fund. 

Salvage money must not be made payable to the in- 
spector. 

FORMS TO BE USED FOR INDEMNITY. 

S. V. Form 25 (Slaughter Certificate) must be used for 
the compensation of animals of the first class. 

For animals of the second class or for property destroyed 
a State Voucher must be used. Each animal or individual 
piece of property condemned and destroyed must be itemized 
on the State Voucher and sworn to before a notary Public by 
the owner or agent of the property destroyed. S. V. Form 25 
(Slaughter Certificate) must not be used for animals of the 
second class. 

COUNTY AUTHORITIES TO BE NOTIFIED. 

Wherever possible, the county authorities are to be noti- 
fied when animals of the first class are to be destroyed but 
the giving of such notice must not delay the work or cause 
additional expense to the Livestock Sanitary Board. 



LIVE STOCK SANITARY LAWS OF MONTANA 95 

INTERSTATE INSPECTIONS. 

Deputy State Veterinary Surgeons will pay close atten- 
tion to the regulations of the different states relative to inter- 
state shipments of livestock. Inspections and tests must be 
made absolutely in accordance with the regulations of the 
state to which the stock is destined. Positively no deviation 
is to be made from the general regulations unless permission 
is first obtained from the sanitary authorities of the state to 
which the shipment is destined. When an exception is grant- 
ed, such fact must be noted on the certificate issued. 

Deputy State Veterinary Surgeons are authorized to make 
inspections or tests on all livestock shipments destined to any 
other state or territory in the United States or District of 
Columbia. They are not authorized to make inspections or 
tests on livestock destined to Canada, or other international 
shipments or for shipments destined to Hawaiian Islands, 
Philippine Islands or Alaska. 

ORDERING SUPPLIES. 

In ordering supplies, always designate the quantity of 
each form or article desired. 

In ordering mallein and tuberculin, always designate the 
quantity of mallein or tuberculin desired. 

ADDRESS OF DEPUTIES. 

Deputies will report immediately any change in their 
post office or telegraphic address. When it is necessary to 
be away from permanent address, deputies will so report to 
the office at Helena and also give forwarding address to the 
post office authorities and to the local telephone and tele- 
graph offices. 

REPORTING INSPECTIONS. 

An S. V. Form 17 report must be forwarded to the State 
Veterinary Surgeon at Helena whenever an inspection of any 
kind is made. This report must be complete in every detail. 
When a tuberculin or mallein chart or clinical health certifi- 
cate is issued, the S. V. Form 17 covering that inspection 
should accompany the chart forwarded to Helena. One S. V. 
Form 17 is sufficient for a mallein or tuberculin chart or 
clinical health certificate; that is, do not send an S. V. Form 
17 at the time of installation and then at the time of observa- 



96 LIVE STOCK SANITARY LAWS OF MONTANA 

tion. The chart number or clinical health certificate number 
should be noted on the S. V. Form 17. 

Where a tuberculin or mallein chart (S. V. Form 7) is 
issued, it is not also advisable to issue a clinical health certi- 
ficate (S. V. Form 10) covering the same shipment. Only 
one form should be used, and not both forms, covering the 
same shipment. 

In dipping animals, one S. V. Form 17 is required for 
each dipping and should be forwarded immediately after the 
dipping of the animals so that the office is conversant with 
the progress of the work. The S. V. Form 17 covering the 
second dipping should note that it is the second dipping and 
also, if there is any descrepancy in the number of animals 
dipped the first time and the second time, such discrepancy 
should be noted. 

Information contained in all S. V. forms 17 must be com- 
plete in every detail. Additional notes may be made on the 
back of the form. Every report made should be so completed 
that if you personally are unable to finish the work that this 
office will be in possession of every detail so that the inspector 
detailed to finish the work may be fully informed and be just 
as conversant with the work as the inspector who made the 
first inspection or dipping. 

Where salvage money is obtained for carcasses or parts 
of carcasses, the amount obtained must be noted on the post 
mortem report card (S. V. Form 3). The amount of money 
received for property other than carcasses must be noted on 
a S. V. Form 17. 

INSPECTORS WORKING TOGETHER. 

When two or more inspectors work together in the in- 
spection, testing or dipping of animals, but one set of reports 
should be made, and each of these should be signed by each 
inspector. 

OFFICIAL FORMS AND THEIR USE. 

S. V. Form 2. Official Receipts. To be issued for all 
fees payable to the Live Stock Sanitary Board Fund. 

S. V. Form 3. Memorandum of Autopsy. To be filled 
out and forwarded to Helena whenever an autopsy is made. 

S. V. Form 5. Application for Slaughter. To be filled 
out by the owner of livestock whenever they desire animals 
held in quarantine to be slaughtered. 



LIVE STOCK SANITARY LAWS OF MONTANA 97 

S. V. Form 6. Cards for importation record. For office 
use. 

S. V. Form 7. Mallein and Tuberculin test charts. 

S. V. Form 8. Order of Quarantine. To be issued when 
a quarantine is ordered. 

S. V. Form 9. Dipping Certificate. Official certificate 
to be given owner of livestock upon the completion of official 
dipping. 

S. V. Form 10. Clinical Health Certificate. . 

S. V. Form 15. Label for Blood Sample. To be pasted on 
container of blood or Sera forwarded to laboratory. 

S. V. Form 16. Appointment Certificate. 

S. V. Form 17. Report of Investigation. To be filled out 
and forwarded to Helena whenever an investigation or in- 
spection of any kind is made. 

S. V. Form 18. Instructions to Investigate. Notice from 
office to deputies to make investigation. 

S. V. Form 19. Blank for notifying owners of livestock 
relative to result of test. To be mailed immediately to owners 
of livestock tested when it is impossible to notify them 
verbally. 

S. V. Form 20. Contract. To be signed by owners of 
gelded animals which have reacted to the blood test for 
dourine relative to their not coming in contact with breeding 
animals of the same species. 

S. V. Form 22. Requesting stockmen receiving blackleg 
vaccine to report. For office use. 

S. V. Form 25. Slaughter Certificate. To be issued for 
indemnity of all animals of the first class destroyed by an 
order of the Livestock Sanitary Board. 

S. V. Form 26. Notice of Destruction of Animals. To be 
forwarded the office at Helena whenever an animal is des- 
troyed. 

S. V. Form 27. Weekly Reports. To be mailed by Dis- 
trict Deputies every Saturday night. 

WEEKLY REPORTS. 

Weekly reports of District Deputy State Veterinary Sur- 
geons are to be mailed to the State Veterinary Surgeon at 
Helena every Saturday night. They are to be complete in 
every detail, giving inspections in detail, name of owner, num- 
ber of animals inspected, disease, disposition and treatment, 



98 LIVE STOCK SANITARY LAWS OF MONTANA 

chart, quarantine and clinical health certificate numbers, time 
consumed in making the inspections, character of conveyance 
used and the number of miles traveled. Total railroad and 
livery mileage to be separately totaled on the back of the 
report. 

Deputies will also designate, whenever possible, the prob- 
able work they will have on hand for the coming week. 

NEATNESS IN MAKING OUT REPORTS. 

It is essential that the deputies exercise neatness and care 
in making out charts and reports. Carbon copies must be 
perfectly legible. Fractional degrees in temperatures are to 
be recorded in^tenths. 

EXPENSE ACCOUNTS. 

In rendering expense accounts, it is to be remembered 
that the Board of Examiners meet the third Monday of each 
month and that it is necessary for this office to audit and 
check up expense accounts before they are submitted to the 
Board. Therefore, all expense accounts should be in this of- 
fice the Wednesday previous to the third Monday of each 
month. We are held strictly accountable for our appropria- 
tion and our books are checked over by the State Bank Ex- 
aminer. Strict economy must be exercised in all expense 
accounts. 

Expense accounts must be rendered monthly. 

All expense accounts must be itemized; that is, the name 
of the place where expense was incurred, together with the 
kind of expense, must be noted. All items of over $1.50 must 
be accompanied by a receipt, excepting when personal livery 
is used. In such cases, the starting point and destination, 
mileage and elapsed time must be noted. Fifteen cents (15c) 
per mile is allowed for personal auto. To facilitate the audit- 
ing of expense accounts, each receipt must be numbered and 
the number of the receipt noted in the first right hand col- 
umn of the voucher. In the case of Eesident Deputies, the 
time consumed in making the inspection also the name of 
the person owning the stock inspected or tested must be 
given. 

The cheapest method of traveling must be used ; that is, 
if it is cheaper to take a railroad train than it is to use an 



LIVE STOCK SANITARY LAWS OF MONTANA 99 

auto or livery, the railroad must be used, facilities for hand- 
ling the work and elapsed time to be given due consideration. 

PER DIEM WORK. 

For per diem work eight dollars ($8.00) will be allowed 
when six or more hours are necessary for the inspection or 
test. 

Where less than six hours is necessary for the inspection 
or test and the inspection is outside the resident city of the 
Resident Deputy State Veterinary Surgeon, six dollars ($6.00) 
will be allowed. 

When less than six hours is necessary to make the in- 
spection or test and the inspection is made within the resident 
city of the Resident Deputy State Veterinary Surgeon, four 
dollars ($4.00) will be allowed. 

OFFICIAL DIPS. 
CATTLE. 

"Lime and Sulphur Dip/ 9 made in the proportion of 12 
pounds of unslaked lump lime or 16 pounds commercial 
hydrated lime (not air slacked) and 24 pounds of sulphur to 
100 gallons of water. The dipping solution to test out 2 per 
cent sulphid sulphur. 

"Tobacco Dips," which contain five one hundredths of 
one per cent nicotin. 

"Beaumont Oil," or its equivalent. 

SHEEP. 

"Lime andl Sulphur Dip," made in the proportion of 8 
pounds of lump lime or 11 pounds of commercial hydrate 
lime (nor air clacked) and twenty-four pounds of sulphur to 
100 gallons of water. The dipping solution to test 1.5 per 
cent sulphid sulphur. 

"Tobacco Dips," w T hich contain five one-hundredths of 
one per cent, nicotin. 

HORSES. 

"Lime and Sulphur Dip," in the same proportion as used 
for cattle. 

"Beaumont Oil," or its equivalent. 
Note: Commercial concentrated Lime and Sulphur dips may 
be used in official dipping when the container bears a nota- 
tion that the product has been approved by the U. S. Bureau 



100 LIVE STOCK SANITARY LAWS OF MONTANA 

of Animal Industry and when it is mixed in such proportion 
that the dipping solution will test the proper percentage of 
sulphid sulphur. 

Where the dipping vat is considerable distance from the 
railroad or where wood is scarce or where facilities for boiling 
the lime and sulphur are not the best, the commercial concen- 
trated solution will prove more economical. 

CATTLE AND SHEEP SCABIES. 

1. Preparation of Dips. The lime and sulphur dip for 
cattle scabies is made in the proportion of 12 pounds of un- 
slaked lump lime or 16 pounds of commercial hydrated lime 
(not air slacked) and. 24 pounds of flowers of sulphur to 100 
gallons of water. The dipping solution should test out 2 per 
cent sulphid sulphur. 

Direction for Preparation of 100 Gallons of Dip. Weigh 

out the lime and sulphur. Place the lime in a shallow, water- 
tight box similar to a mortar box, or some suitable vessel, 
and add enough water to form a lime paste or lime putty. 
Sift into this lime paste the flowers of sulphur and stir well; 
then place the lime and sulphur paste in a kettle, boiler, or 
tank cotaining 30 gallons of boiling water. Boil the mixture 
for two hours at least, stirring frequently; add water occa- 
sionally to maintain the original quantity. Allow the mixture 
to settle in the tank or draw the entire contents of the kettle 
or boiling tank into a large tub, barrel, or settling tank placed 
near the dipping vat and provided with a bunghole about 4 
inches from the bottom, and then allow ample time to settle 
until the liquid is clear. When fully settled, draw off the 
clear liquid into the dipping vat, taking care not to allow any 
of the sediment to accompany it, as the sediment will injure 
the wool. The clear liquid thus obtained only requires the 
addition of sufficient clear warm water to make a solution 
containing 2 per cent sulphid sulphur. By bringing the total 
up to 100 gallons the dip will usually, under average condi- 
tions, test 2 per cent sulphid sulphur. However, care should 
be taken not to make too great a dilution prior to testing. 

2. The lime-and-sulphur dip for sheep scabies is pre- 
pared in the same manner as for cattle scabies except that 8 
pounds of lump lime or 11 pounds of commercial hydrated 
lime (not air slacked) should be used, and the solution should 
be diluted to test 1.5 per cent, sulphid sulphur. 



LIVE STOCK SANITARY LAWS OF MONTANA 101 

3. The nicotin dip for scabies of cattle or sheep is made 
with sufficient nicotin solution to give a mixture containing 
not less than five one-hundredths of 1 per cent (0.05) nicotin 
and 2 per cent, flowers of sulphur is added to prevent rein- 
fection. The addition of sulphur will not be required unless 
exposure to reinfection is indicated. Sufficient nicotin would 
therefore be furnished for 96 gallons (about 800 pounds) of 
dip by 1 pound of a 40 per cent solution of nicotin. The 
formula for this dip would be: Nicotin, four-tenths of a 
pound ; flowers of sulphur, 16 pounds ; water, 96 gallons. 

To calculate how much nicotin solution should be used 
for 96 gallons of water, divide the quantity of nicotin requir- 
ed in the dip by the proportion of nicotin in the solution. 
For example, suppose the nicotin solution contains 25 per 
cent, nicotin, we have 0.40^-0.25=1.6. Therefore, in this case 
it would require 1.6 pounds of nicotin solution for the 96 gal- 
lons of dip. Do not use any preparation the strength of 
which is not given on the label of the container. 

In preparing these dips the nicotin solution and sulphur 
should be mixed together with water before adding them to 
the water in the dipping vat and the contents of the vat 
should be stirred while the mixture is being added. The dip 
should on no account be heated above 105 degrees F. after the 
nicotin solution is added, as heat is liable to evaporate the 
nicotin and weaken the dip. 

4. Directions for Testing Dip. To test the lime-and- 
sulphur dip, mix bath well, let settle for a few minutes, then 
fill a clean dry graduate with bath, setting TOP edge of sur- 
face on the zero mark, and pour (draining out drops) into a 
clean, wide-mouthed bottle. 

Rinse graduate with clean water (or rinse with a little 
of the test fluid), shake out adhering drops, and fill to 
zero mark with test fluid. 

While gently swirling bottle containing the bath pour in 
test fluid from the graduate until the yellow color of bath be- 
comes faint. Then let the contents of the bottle come to rest 
and gently drop on the surface one drop of indicator solution 
from the dropping bottle. Note if a violet color appears 
where the indicator solution mixed with the bath. If color 
appears add a little more test fluid from the graduate, mix, 
and test again with a drop of indicator solution. Continue 



102 LIVE STOCK SANITARY LAWIS OF MONTANA 

this until a drop of indicator solution fails to produce any 
color, avoiding the addition of excess of test fluid. 

The number of cubic centimeters of test fluid added to 
just reach the point where color with indicator solution fails 
to appear represents tenths of 1 per cent of "Sulphide sul- 
phur" in the bath. 

(NOTE} The indicator solution should not be more than 
one week old. Prepare fresh solution by disolving one 
"tablet for indicator solution" in 15 c.c. clean water in 
the bottle. Keep test fluid in glass-stoppered bottles only, 
and in cool dark place. 

5. To test the nicotin dip, measure 100 c.c. of well 
mixed bath into the "titration bottle" (8 ounce round 
bottle), rinse graduate, and then measure 100 c.c. of water 
into the same bottle. Add the contents of one paper of 
"precipitate reagent" to the liquid in the titration bottle, 
stopper, and shake vigorously for two minutes, then let 
settle quietly for two minutes or more. 

Open out a large plaited filter in the glass funnel and 
support the latter in the mouth of the 100 c.c. graduate. 
Carefully pour the contents of the titration bottle onto the 
filer, leaving behind most of the froth and precipitate. Col- 
lect 100 c.c of the filtrate. 

Rince the titration bottle clean with water and pour into 
it the 100 c.c. of filtrate. Next add 10 c.c. (from the 10 c.c. 
cylinder) of the hydrochloric acid, stopper and shake well for 
a few seconds. Take out the stopper and touch it to a strip 
of "test paper". If the moistened paper does not show a 
deep blue color, add 2 c.c. more of hydrochloric acid, shake, 
and test again, repeating with 2 c.c. of hydrochloric acid 
until a blue color is produced. 

Fill the "burette" with the red "test fluid", run back a 
little through the stopcock into the bottle of test fluid (to 
remove air trapper in the stopcock), then adjust the level 
of test-fluid in the burette at the 0.000 mark. Now into the 
liquid in the titration bottle run out test fluid from the 
burette down to a mark indicating one or two hundredths 
per cent less than the hundredths of 1 per cent of nicotin 
expected to be in the bath. Stopper the bottle and shake 
vigorously for two minutes. 



LIVE STOCK SANITARY LAWS OF MONTANA 103 

Open a small filter paper into a cone, grasp it by the 
triple-thick side between the thumb and forefinger, and fill 
it about one-third full with liquid from the titration bottle. 
Let the first five or six drops fall back into the titration 
bottle, then catch both cups of the black plate (which must 
be strictly clean and dry) leavel full of the filtered liquid, 
which must be perfectly clear. Pour any liquid left in the 
paper back into the bottle. Now into the liquid in one of the 
cups let fall from the dropper one drop of "indicator solu- 
tion". Carefully observe the liquid in both cups, holding the 
plate in various lights. If no difference can be detected in 
the two cups after about half a minute, too much test 
fluid has been used and it is necessary to repeat the whole 
operation from the beginning, using less test fluid. If a 
white cloud appears in the cup to which the indicator solu- 
tion was added, a further quantity of test fluid equivalent 
to 0.005 or 0.010 per cent nicotin (depending on the heaviness 
of the cloud) is to be added to the tiration bottle, and the 
shaking and testing repeated. Proceed thus until, after the 
last addition of test fluid, absolutely no cloud can be de- 
tected in the cup upon treating with indicator solution. The 
reading on the burette gives directly the per cent of nicotin 
in the bath. 

(NOTE) If measuring cylinders, etc., are wet, shake out 
adhering drops of water before using them. 

All the measurements are to be made with the TOP 
LINE of the curved surface (meniscus) of the liquid on the 
mark. 

The indicator solution is simply a little of the test fluid 
kept apart for convenience. 

Caution — Great care to avoid contamination is necessary 
in making the test on the back plate. The fingers must be 
rinsed clean from bath, test fluid, etc., before touching the 
filter paper. Do not allow the latter to touch the mouth 
of the bottle or anything else except the clean finger tips. 
Be sure the black plate is absolutely clean. Look very 
carefully for the white cloud which toward the end is only 
faint and may not be noticed at first. The dip must not 
test less than five one-hundredths nor more than seven 
one-hundredths of one per cent nicotin. 



104 LIVE STOCK SANITARY LAWS OF MONTANA 

FREQUENT TESTS OF DIPS REQUIRED 

6. Employees supervising the dipping of sheep and cat- 
tle should test the dip when the vat is charged or before dip- 
ping is commenced and thereafter at sufficiently frequent 
intervals to insure maintaining the dip at the uniform 
standard strength. The contents of the vat should be well 
stirred before the test is made. It is sometimes necessary 
to allow a few animals to pass through the vat before the 
dip is well mixed. At vats where the operations are con- 
tinuous throughout the day and large numbers of animals 
are being dipped, the dip should be tested at least three 
times during the day. 

DIRECTIONS FOR DIPPING CATTLE 

7. Immersion. When either the lime-and-sulphur or 
nicotin dip is used, the cattle should be completely submerged 
once, and the dip in the vat should be maintained at a depth 
sufficient to swim the tallest animal to be dipped. 

8. Affected Cat tie..... Affected animals should receive 
special attention in the application of the treatment to the up- 
per portions of the body where the lesions usually appear. 
This should be done by applying the dip to the neck, withers, 
and back from a bucket and thoroughly scrubbing these parts 
while the animals are in the chute prior to entering the vat. 

9. Exposed Cattle. Cattle can only become exposed by 
coming in contact with infected animals or being closely con- 
fined in infected cars or premises. 

10. Time in Vat. Changing Fluid, etc. Cattle visibly 
affected should be held in the dip from two to three minutes 
and their heads submerged at least once for but an instant 
at a time, and assistance must be rendered immediately if 
they appear to be strangling. The best time to duck the 
head is while the animals are in the last third of the swim. 
Cattle not visibly affected should remain in the dip a min- 
imum period of one minute. The dip must be maintained 
at a temperature between 100° and 105° F. while the animals 
are in it. It should be changed as soon as it becomes filthy, 
regardless of the number of cattle dipped in it, and in no 
case should the dip in the vat be used again after it is 
fifteen days old. In cleaning the vat the entire contents 
must be removed, including all sediment and droppings or 
other foreign matter. 



LIVE STOCK SANITARY LAWS OF MONTANA 105 

11. Handling Cattle in Vat. Men with dipping forks 
should be stationed along the vat to keep the animals com- 
pletely submerged except the heads as they swim through. 
This may be done by placing the fork over the withers and 
pushing the animal under the dip. The cattle should be 
prevented from swimming through too quickly by means of a 
holding gate, or in the event there is no such gate, the dip- 
ping forks or ropes with bowline noose may be used to retard 
their movement. 

12. Number of Dippings Required. Cattle visibly af- 
fected with scabies, or from scabby herds, must be given 
two dippings with an interval of from 10 to 14 days between 
dippings. One dipping should be sufficient for exposed cattle 
in herds not visibly affected. 

DIRECTIONS FOR DIPPING SHEEP 

13. Depth of Dip in Vat. The average depth of dip 
used in a dipping vat for sheep is from 40 to 48 inches and 
the amount of dip necessary to obtain that depth should 
be ascertained before preparing the dip. 

14. Time in Vat — Changing Fluid, Etc. Sheep classed 
as infected must be kept in the dip between two and three 
minutes, and those classed as exposed or free should remain 
in the dip at least two' minutes and the heads of all sheep 
dipped must be submerged at least once, though but an in- 
stant at a time, and assistance rendered immediately if they 
appear to be strangling. The best time to duck the head is 
while they are in the last fourth of the vat. The dip must 
be maintained at a temperature between 100° and 105° F. 
while the sheep are in it, and must be changed as soon as it 
becomes filthy, regardless of the number of sheep dipped, 
and in no case shall it be used again when more than 10 days 
old. In emptying the vat the entire contents must be remov- 
ed, including all sediment and dropping or other foreign mat- 
ter. 

15. Use of Dipping Forks. Men with dipping forks 
should be stationed along the vat to prevent the sheep 
from swimming through too soon, and to push each sheep 
under the dip, except head, as they pass them. If they are 
swimming through the vat too quickly, the men can hold 
them back with dipping forks. They should be held in 
bunches of 3 to 5, each man holding a bunch the necessary 



106 LIVE STOCK SANITARY LAWS OF MONTANA 

length of time, then passing them to the next man, pushing 
them well under the dip, except the head, as they swim past. 
Place the dipping fork over the front part of the shoulders, 
and gently but firmly push the sheep under the dip except 
the head. If properly done, the sheep will raise its head, so 
the neck can be well soaked without danger of strangling by 
pushing the head under. 

16. Sorting and Hand Dressing. All sheep that have 
hard, dry scab on them should be sorted from the flock and 
the diseased areas hand-dressed with some of the dip by rub- 
bing the scab with a smooth stick or brush as the dip is ap- 
plied so as to moisten and soften the scab, but not severely 
enough to draw blood, as the blood will protect the mites 
from the effect of the dip. Allow these sheep to stand 30 to 
60 minutes after hand dressing before putting them in the 
dipping vat. 

17. Number of Dippings Required. All diseased and 
exposed sheep must be branded with a red letter "S" on the 
right side, and given a second dipping at an interval of ten to 
fourteen days from the first dipping, and quarantined on a 
range away from all other sheep for a period of not less than 
ninety days and until officially inspected and released. 

Each band of sheep dipped must be branded at the first 
dipping with a distinct number or mark to preserve their 
identity, and to prevent mixing with other bands they must 
be corralled each night. 

18. Drowning Sheep. When sheep start to drown or 
become strangled in the dipping vat, it is often necessary to 
pull them out immediately to save them. Such sheep, pro- 
viding they have not remained in the vat the required length 
of time, should be returned to the pens and again dipped 
when they have sufficiently recovered. 

19. Difference Between Dipping Sheep and Lambs. As 
a rule the dip will penetrate the fleece of a lamb quicker than 
that of a full grown sheep in full fleece. For this reason 
they should not be put into the dipping vat together, the 
grown sheep requiring the most time on account of the gum 
in the fleece. 

GENERAL DIRECTIONS FOR DIPPING. 

20. Watering and Feeding Animals. Three to six 
hours before the animals are dipped they should be watered 



LIVE STOCK SANITARY LAWS OF MONTANA 107 

and fed so they will not be hungry or thirsty at time of 
dipping. The floors of the dipping pens should be sloped or 
so arranged that the dip will drain away and not collect in 
pools from which the animals may drink. 

Soft water is better than hard for dipping, but if it 
cannot be obtained the hard water may be "softened" by the 
addition of sal soda or lye, but no more should be added than 
is required to "cut" the water. From 1 to 4 pounds of sal 
soda to each 100 gallons of water is usually sufficient 

21. Computing Amount of Dip Required. In one gal- 
gon there are 231 cubic inches ; multiply in inches the average 
length by the average breadth, the product by the depth, 
divided by 231, and the result will be the number of gallons. 
To obtain the average length of the vat add the length at 
the bottom to the length at the top of the dip and divide by 
2; obtain the average width in the same manned. The depth 
should be taken at the center of the vat, and should be from 
the bottom to water (or dip) line. Be sure to measure only 
the space filled by the dip and not above that line. The cook- 
ing tank should also be measured. It is convenient to have 
rods marked showing the number of gallons at the various 
depths. 

Freshly shorn sheep and short-wooled lambs will carry out 
and retain in the fleece from 1 to 2 quarts of dip ; full-fleeced 
fine-wool sheep take up as much as 2 gallons, and at late 
fall dippings the average medium-wool sheep will retain 
about one gallon. The average 1000 pound short-haired 
steer will carry out and retain about 2 quarts of dip and the 
same class of cattle with long hair will retain about 1 gallon. 
The total estimated amount of dip which the animals carry 
out and retain plus the amount required to charge the vat 
should equal the total amount required if there is none lost 
by leakage. 

22. Mixing the Dip. Mix the dip thoroughly in the 
dipping vat by stirring length wise in the vat, also from top 
to bottom. A large hoe or stirring plunger is a good in- 
strument to use in stirring. 

23. Temperature of Dip. After the dip is thoroughly 
mixed, take the temperature at different parts of the vat; 
see that it is uniform, and if too hot or too cold add hot 
or cold water with proper proportions of dip until the right 
temperature for the dip is between 100° and 105° F., and it 



108 " LIVE STOCK SANITARY LAWS OF MONTANA 

should be maintained at that temperature as nearly as pos- 
sible and never over 105° F. To ascertain the temperature, 
take some of the dip out of the vat in a bucket, hold the 
thermometer in it, and read the temperature while the ther- 
mometer is in the fluid. 

24. Injuries in Chutes and Vat. Do not have any pro- 
jecting boards, nails, etc*, in the pens or chutes or cross 
pieces or projecting timbers in the vat where the animals 
may strike them and be wounded or bruised. 

25. Daylight Inspection Required. Inspection of ani- 
mals should not be made in the morning before sunrise or 
in the evening after sunset, and in no case should inspection 
be made by artificial light. 

26. Points to Remember. Remember that it is just as 
important to do thorough work with the last animals dipped 
as with the first ones. 

The two essential things are a reliable dip properly pre- 
pared of proper strength and the thorough soaking of the 
entire fleece or all of the hair with the dip. 

Select good weather for dipping, particularly avoiding 
wet weather. 

Do not dip too late in the afternoon, when the nights are 
chilly. 

Do not hold animals off feed and water longer than can 
be avoided. 

Do not have the incline of vat too steep that animals 
can not climb it easily. 

Have suitable dripping pens and drying corrals and do 
not load animals in car until they have become dry. 

Handle animals as carefully as possible, and the causes 
of shrinkage in dipping will be avoided to a great extent. 

Animals that are in good condition will stand the dipping 
very well, even when the weather is quite cold. 

27. Subsequent Gasification of Dipped Animals. Cattle 
and horses dipped twice in accordance with regulations will 
be regarded as free, unless living mites are found on them, 
or unless they are exposed after three days subsequent to 
the last dipping by coming in contact with scabby animals, or 
with infected premises, enclosures, or otherwise. 

All affected and exposed sheep will be branded with a 
red letter "S" and held in quarantine for a period of not 



LIVE STOCK SANITARY LAWS OF MONTANA 109 

less than ninety days. At the end of ninety days they will 
be officially inspected and if found clean they may be re- 
leased from quarantine. 

DIPPING WITH OIL. 

Beaumont oil or its equivalent must be used. 

The vat is filled to within six inches of the dip line with 
water and then three to six inches of dip is floated on top. 

One dipping only is required. 

Oil must not be used in dipping sheep. 

It is not necessary to heat the dip, but to prevent it 
from clumping the temperature of the water and oil should 
be seventy-five to eighty degrees F. 

Cattle and horses when dipped with oil must be dipped 
in the cool of the day. Under no circumstances should they 
be dipped during extreme cold or extreme hot weather. If the 
weather is hot wait until the sun goes down and dip during 
the twilight. 

Animals must not be dipped in oil when overheated, and 
after dipping they must not be driven but must be allowed to 
rest and graze, preferably in a cool shady pasture if avail- 
able. 

Calves and colts must not be dipped in oil as the oil 
destroys their natural odor to such an extent that they will 
not be owned by their dams. Calves or colts affected with 
scab must be hand treated either with lime and sulphur or 
tobacco. 

Oil is more dangerous to use than either lime and sul- 
phur or tobacco on account of its liability to blister the ani- 
mals. It is only adivsable to use oil on horse scab and in 
range dipping where it is impossible to hold the animals for 
the second dipping. 

Great care must be exercised in dipping with oil; other- 
wise losses will occur. 



110 



LIVE STOCK SANITARY LAWS OF MONTANA 



SUMMARY OF DIRECTIONS FOR APPLYING THE SUB- 
CUTANEOUS TUBERCULIN TEST. 

1. As far as practicable cattle should be stabled under 
usual conditions and among usual surroundings. 

2. Feeding and watering should be conducted in the 
customary manner with the exception that feed and water 
should be given only immediately after the measuring of a 
temperature. 

3. The tuberculin test should be preceded by a careful 
inspection of the physical condition of each animal. 

4. Each animal's temperature should be measured at 
least three times at not less than two hour intervals prior 
to injection. Adult animals showing a maximum tempera- 
ture over 103 degrees F. should not be injected with tuber- 
culin. Animals showing evidence of any acute disease or 
condition, or showing extensive pus formation should not be 
injected with tuberculin. 

5. The site of injection for tuberculin should be cleansed 
with an antiseptic solution, the hypodermic syringe and 
needles should be sterilized by boiling in water before start- 
ing their use upon a herd. Needles should be washed in 
antiseptic solution between each injection. Opened bottles 
of tuberculin should be protected from contamination. 

6. The dose of tuberculin prepared by the Bureau of 
Animal Industry is as follows for cattle which are apparently 
healthy and which have not received tuberculin within a pe- 
riod of at least sixty days : 

1 CC for cattle weighing 400 pounds or less. 

1% CC for cattle weighing between 400 and 600 pounds. 

2 CC for cattle weighing between 600 and 800 pounds. 

3 CC for cattle weighing between 800 and 1100 pounds. 

4 CC for cattle weighing between 1100 and 1400 pounds. 

5 CC for cattle weighing between 1400 and 1700 pounds. 

6 CC for cattle weighing between 1700 and 2000 pounds. 

7. The measurements of temperature following the in- 
jection of tuberculin should commence at the eighth hour 
and be continued at intervals of two or three hours until 
the twentieth hour after injection, at which time, if there 
is no tendency for the temperature to rise, the test may 
cease. Temperatures upon cattle which are showing a rising 
tendency following the injection of tuberculin, should be 
measured at approximately hourly intervals. 



LIVE STOCK SANITARY LAWS OF MONTANA 111 

8. A rise to two degrees F. or more above the maximum 
temperature observed prior to the injection of tuberculin or 
a temperature above 103.8 F. should be regarded as an in- 
dication of tuberculosis, provided the temperature reaction 
shows the characteristic rainbow curve. 

9. Animals which after injection show a rise of tem- 
perature of two degrees F. with a maximum between 103 and 
103.8 degrees F., as well as those which show a rise of less 
than two degrees F. with a maximum temperature of 103.8 
degrees F. are regarded as suspicious. The presence of a 
general systemic reaction should be considered in determining 
the classification between suspicious and reacted. 

10. Cattle which are regarded as suspicious should be 
submitted to a retest after the expiration of at least sixty 
days. This class of cattle and those which show possible 
physical evidences of tuberculosis, emaciation, old age, or 
which have been repeatedly tested should receive double or 
treble the dose of tuberculin indicated by their weight. 



INSTRUCTIONS GOVERNING THE INTRADERMAL TU- 
BERCULIN TEST. 

The records of the Livestock Sanitary Board relative to 
our experience with the intradermal test during the past 
four years lead us to the conclusion that the intradermal 
test, when properly applied, is more reliable than the sub- 
cutaneous test for work in Montana. 

We have found it advisable to have veterinarians un- 
acquainted with the test trained by veterinarians who have 
had considerable experience with the intradermal method. 
Scientific technique is essential in the administration of tu- 
berculin and care, thoroness and experience are absolutely es- 
sential in obtaining and correctly reading a reaction. 

Skill and minute attention to every detail is imperative. 

It is required that a careful examination of each 
animal be the primary step. Abnormalties of the skin, 
peculiarities of the breed and evidence of the previous ad- 
ministration of tuberculin or symptoms of tuberculosis must 
be noted for future reference. Each animal must be marked 
in such a way that it can readily be identified on rein- 
spection. This is absolutely necessary to prevent substitu- 
tion by unscrupulous dealers. Identification of animals may 



1-12 LIVE STOCK SANITARY LAWS OF MONTANA 

be accomplished by the use of metal tags or paint markings 
or, in individual animals or small bunches, by minute de- 
scription. 

The control or restraint of the animal during the ad- 
ministration of the tuberculin is essential and can best be 
accomplished when the animals are in tie stalls or stanchions. 
When animals are properly secured, under ordinary circum- 
stances, only one assistant is necessary. 

In handling range cattle a squeeze chute, if available, is 
an excellent method of restraint. Where a squeeze chute 
is not available, an ordinary chute may be used and in 
such a case it is advisable to crowd the animals, thus en- 
abling the operator to work without danger and to prevent 
unnecessary movements of the animals during the administra- 
tion of tuberculin. In most instances aseptic preparation of 
the field of operation is either impracticable or impossible 
and as the test is an anaphylactic one it is not essential that 
the field of operation be made sterile. The field of operation 
must be dry— if contaminated with manure it should be 
wiped dry with a dry clean cloth or absorbent cotton. Under 
no circumstances should colored or irritating antiseptics or 
liquids be used. In cleaning the part with a dry cloth or 
cotton, care must be exercised not to irritate the skin and 
cause hyperemia. 

In Montana, official tests must be made with Bureau of 
Animal Industry tuberculin. The ordinary tuberculin as 
furnished by the Bureau of Animal Industry concentrated 
to one-third its volume is recommended. We have found 
the ordinary tuberculin to be efficient but with the concen- 
trated tuberculin apparently a more clearly defined reaction 
is obtained. 

The' most practicable instrument for the administration 
of tuberculin is a small fenestrated glass-barrel one and one- 
half or two c.c. syringe, such as the Shelton syringe, fitted 
with a G-23 Schimmel dental needle covered with a % in ch 
Dental Butt adapter. The point of the needle should not 
exceed one-eighth of an inch in length from the end of the 
adapter; a needle this length when introduced at an angle 
prevents the mistake of pentrating into the subcutaneous 

tissues. 

In applying the test, the operator should stand to the 

right of the animal with his knee pressed close to the flank. 



LIVE STOCK SANITARY LAWS OF MONTANA 113 

Some operators prefer to stand directly behind the animal. 
The skin, preferably the loose skin between the anus and 
caudal attachment, should be grasped with the thumb and 
forefinger of the left hand and the needle thrust between the 
layers of the skin with the right hand, care being exercised 
not to penetrate into the subcutaneous tissues. The dosage 
is approximately 0.1 c.c. to 0.2 c.c. A small circumscribed 
area about the size of a shot or pea will show on the surface 
of the skin as a result of a successful installation of tuber- 
culin. 

Do not draw blood as this is apt to cause a superficial 
swelling or needle infection and make the reaction doubtful. 
In injecting into the caudal region care must be exercised 
not to insert the needle too near to the base of the tail as 
the tissues at the extreme base of the tail may prevent 
the clear definition of the result of the reaction. The same 
result may follow if the injection is made too far back along 
the fold. 

The palpebral region may be used as the site of in- 
jection. If made in this region the injection should be made 
in the lower eyelid about one-half inch from the inner 
canthus of the eye and three-eighths of an inch from the 
edge of the lower eyelid. The reaction in this region is 
probably more easy to read but, on account of the difficulty 
of restraining unbroken animals, in most instances we have 
found the caudal fold to be more practicable. 

In the installation of the tuberculin, the attention of 
the animal should be taken away from the prick of the 
needle. To do this, the assistant should grasp the animal's 
horns or ears with the right hand and insert his thumb and 
middle finger of the left hand into the nostril and hold the 
head of the animal to the left. When the operator is ready 
to insert the needle, the assistant should pinch the nose of 
the animals with his fingers to take the animal's attention 
away from the operator. 

An intradermal reaction consists usually of a dense, 
painful, edematous swelling of the skin at the site of in- 
jection. The size of the swelling varies from the size of a 
grape to as large as a hen's egg. Not in all cases is the 
swelling circumscribed in area. It may in some instances, 
be simply a thickening of the fold with no definite line of 



114 LIVE STOCK SANITARY LAWS OF MONTANA 

demarcation, but in all positive reactions the swelling will, 
on palpatation show heat, pain and edema. In most instances, 
a small hemorrhagic spot will present itself at the point of 
installation but this is, by no means, a constant symptom; 
also, brown incrustations of the skin in the region as well 
as a painful sloughing of the epidermis may be observed 
in a positive reaction but they are not a constant symptom 
and a positive diagnosis of a reaction may be made without 
their presence. 

A positive reaction usually makes its appearance in 
eighteen hours, reaching its maximum between the sixteenth 
and seventy-second hour and may remain for several days. 
We have found that where one post-inspection only is made 
that it should be made between the sixtieth and seventy- 
second hour after injection. 

Occasionally, soft fluctuary swellings make their ap- 
pearance about the seventh or eighth hour after injection 
due probably to the action of glycerine and salts but these 
swellings disappear after the twelfth hour. They are not to 
be confounded with a positive reaction. Large, soft, painful 
swellings in the region may be induced by improper tech- 
nique. In such cases if the swelling continues and does not 
take on the characteristic hot, painful, edematous swelling, 
the only recourse is to class the animal as suspicious and 
hold it for retest, but suspicious reactions where a proper 
quality of tuberculin is used must, in nearly every instance, 
be charged against tKe technique of the operator. 

The results of the test should be recorded as follows: 

N=Negative. No swelling. 

S= Suspicious. Edematous non-painful swelling. 

P-f =:Positive. Slightly indurated painful swelling. 

P-j — {-^Positive. Large indurated painful swelling. 



LIVE STOCK SANITARY LAWS OF MONTANA 115 



INSTRUCTIONS FOR APPLYING THE OPTHALMIC MAL- 
LEIN TEST. 

Before the application of the opthalmic mallein test the 
animals should be carefully examined to ascertain whether 
the eye shows conjunctivitis or other changes which are 
associated with suppuration. Should such be present, the 
test should not be applied. 

The test consists in introducing into the conjunctival 
sac of the eye several drops of either undiluted raw mallein 
or a solution of precipitated mallein (0.1 to 0.2 c.c. per 
horse). This may be introduced either with the aid of an 
eye dropper or preferably with a camel's-hair brush by ap- 
plying the brush gently along the inner surface of both the 
upper and lower eyelids. The other eye is not treated, but 
serves as a control for comparison of the reaction. For the 
testing of horses in the same stable the same eye dropper 
or camel's-hair brush may be used for all animals, but the 
dropper or brush should be sterilized before use upon dif- 
ferent lots of horses. 

As soon as the mallein is introduced into the eye practi- 
cally all animals show a lacrimation, increased reddening of 
the conjunctiva and slight photophobia. No significance 
shoud be given to these symptoms. They disappear in one 
or two hours. A pseudo-reaction can be produced by artificial 
or accidental irritation of the eye. 

The characteristic manifestation of the reaction for 
glanders commences as a rule from 5 to 6 hours and lasts 
24 to 36 hours, sometimes longer. It consists of a purulent 
discharge from the conjunctival sac which is typical and is 
frequently associated with erddening, swelling, and gluing of 
the eyelid. It is advisable to examine the tested animals 
in a good light from 12 to 24 hours, or preferably 16 hours, 
after the application of the test. 

A suppurative discharge of varying quantities is con- 
sidered a positive reaction. The conjunctiva and the eyeball 
should also be included in the examination after examining 
the discharge. By removing the purulent discharge (either 
by the stable attendant or by the animals licking each other, 
etc.) the positive result may be obliterated. In such cases 
dried pus may be frequently found on the parts around the 



116 LIVE STOCK SANITARY LAWS OF MONTANA 

eye, or the exposure of the conjunctiva by means of pressure 
by the thumb and finger will show fresh, purulent material. 

Generally the positive opthalmic reactions are not ac- 
companied by fever or systemic disturbances. Occasionally, 
however, affected horses are hypersensitive to such a degree 
that even the few drops of mallein placed in the eye may 
enter the circulation and produce fever. Therefore, it is 
advisable, when possible, to accompany the opthalmic reac- 
tion with temperature readings. For this purpose the tem- 
perature should be taken twice, the first time when the eye 
test is being made, and the second time when it is judged. 
In a doubtful eye reaction where there is an increased tem- 
perature of IV2 degrees F., the test should be considered 
positive if the animal had a normal temperature at the time 
the test was made. 

In the absence of any secretion the test should be con- 
sidered negative. When there is a mucous secretion or 
lacrimation during the period of reaction the test must be 
considered as atypical, and in such cases it may be repeated 
the same day, when as a rule the results are more confirm- 
ing. 

The application of the opthalmic test should not be re- 
peated more than three times on the same animal within a 
short period, as experiments show that the reaction after the 
third application made within three months usually loses its 
intensity in positive cases and on subsequent tests may be 
entirely absent. In cases where the results of the second 
test immediately following the first test are atypical, the 
blood of such animals may be drawn and forwarded to a 
laboratory for the serum diagnosis, as the instillation of 
opthalmic mallein does not influence this method of diagnosis. 
From experience gained with the eye test such a procedure 
would become necessary only in a comparatively few cases. 
In the control of glanders, animals may be retested every 
six months with satisfactory results. 

The mallein for the eye test is a clear, sirupy, dark brown 
liquid, giving off a rancid, disagreeable odor. This mallein 
is supplied in small vials of three sizes containing, respect- 
ively, 1 cubic centimeter, 2 cubic centimeters, and 3 cubic 
centimeters of mallein. One cubic centimeter is sufficient 
for testing 10 horses. Each bottle is dated, and the mallein 



LIVE STOCK SANITARY LAWS OF MONTANA 117 

is not recommended for use longer than three months after 
the date on the bottle. Bureau of Animal Industry opthalmic 
mallein will be furnished by the Livestock Sanitary Board 
for official tests. 

The results of the test should be recorded as follows: 

N=Negative. Eye unchanged. 

S=Suspicious. Seromucous discharge. 

P+=Positive. Seromucous discharge with purulent 

flakes. 
P-f -f =Positive. Distinct purulent discharge. 
P-| — ) — ^=Positive. Purulent discharge with swelling of 

the eyelids. 
P-\ — H — h=P° s itive. Strong purulent discharge with 

swelling and gluing together of both lids. 

INSTRUCTIONS FOR FORWARDING BLOOD SERA AND 
TISSUES FOR EXAMINATION. 

In forwarding blood sera for the complement-fixation 
test, four to six ounces of blood should be obtained. The 
blood must be permitted to coagulate and two or four drams 
of sera drawn off. The sera should be preserved in a one- 
half of one per cent solution of carbolic acid. A fresh 
solution of carbolic acid must at all times be used. An 
easy way to determine a one-half of one per cent solution 
is to add one part of a five per cent solution to nine parts 
of sera. 

The container must be marked in such a way as to 
positively identify the sera. It must be given a serial num- 
ber; also a complete description of the animal, the name of 
the owner, and the name of the inspector forwarding the 
sample together with a notation relative to the disease to be 
diagnosed. 

Blood is most easily drawn from the jugular vein but 
where, for unforseen circumstances, it is difficult to secure 
the blood from the jugular, sufficient blood may be obtained 
by incising into the coccygeal vein at the end of the tail. 

Tissues for bacteriological and pathological examination 
where the time en route will not exceed five days should be 
packed in borax. The container must be completely filled 
with borax and tightly sealed. 



118 LIVE STOCK SANITARY LAWS OF MONTANA 

Tissues for pathological examination may be forwarded 
in a tightly sealed container containing a four per cent 
solution of formaldehyd. 

Tissues or material forwarded for miscroscopical and 
innoculation purposes should be forwarded in a tightly sealed 
container, containing a solution of equal parts of glycerine 
and boiled water. 

Tissues or material forwarded for chemical analysis 
should be placed in a tightly sealed container without pre- 
servative and forwarded immediately. When a preservative 
is absolutely necessary on account of weather, time to elapse 
en route, and container at hand, alcohol may be used. 

Tissues or material suspected or known to contain the 
infection of Foot and Mouth disease or Anthrax or other 
extremely or dangerous infectious contagious disease must 
be forwarded in containers which are sealed with solder. 
After being soldered and before being packed the container 
must be immersed in one of the permitted disinfectants. 

In every instance complete data giving the description 
of the animal, the name of the owner, locality, disease sus- 
pected, character of tissues and name of the inspector for- 
warding the material, must be attached to the container. In 
addition to this a letter must be immediately dispatched to 
the laboratory advising them of the shipment and confirming 
and supplementing the data attached to the container. 

Excepting where a chemical analysis is desired of 
stomach contents it is not necessary to forward a great mass 
of material. Small sections only of each organ or tissue in- 
volved will usually be sufficient. The package in all cases 
should be neatly packed and forwarded without delay. 



LIVE STOCK SANITARY LAWS OF MONTANA 119 



LIVE STOCK SANITARY BOARD ORDERS. 

Order No. 5. 
Regulations Relative to Tuberculosis in Cattle. 

1. All tubercular animals, or animals reacting to the 
tuberculin test, must be segregated immediately. 

2. All stables, corrals and barns where tubercular ani- 
mals are known to have been housed, must be thoroughly 
disinfected under the personal supervision of an inspector 
of the Livestock Sanitary Board. This disinfection must 
take place within five days after registered quarantine notice 
is given owner, unless special permission is received from 
the State Veterinary Surgeon. 

3. No employee or person shall be allowed to handle or 
milk diseased cattle and thereafter handle or milk healthy 
cattle, unless he or she change their clothing and thoroughly 
wash and cleanse their hands. 

4. Unless the owner or person in charge of reacting 
animals makes a written request, within ten days after 
animal or animals have been quarantined, that he or she 
desires to employ the Bang System or hold the animals 
in quarantine for other lawful purposes, all reactors to the 
tuberculin test shall be ordered destroyed by the State 
Veterinary Surgeon. 

5. At the discretion of the State Veterinary Surgeon, a 
reasonable time (which time is to be determined by the 
State Veterinary Surgeon) may be given the owner to con- 
fine and isolate away from all other animals and quarantine 
in a suitable place all reactors to the tuberculin test, or 
cattle known to be diseased with tuberculosis. 

6. No milk or dairy product from a tubercular animal, 
or an animal that has reacted to the tuberculin test, shall 
be used for human consumption. 

7. No milk or dairy product from a tubercular animal, 
or an animal that has reacted to the tuberculin test, shall 
be used for feeding any animal, until after such milk has 
been properly pasteurized. 

8. Any violation of the rules and regulations of the 
Livestock Sanitary Board will necessitate the immediate 
slaughter of all reacting animals. 

Sept. 23, 1913. 



120 LIVE STOCK SANITARY LAWS OF MONTANA 

Order No. 6. 
Regulations Relative to Dourine in Horses. 

Regulation No. 1. 

Whenever the Board, when in session, or the State 
Veterinary Surgeon, when the Board is not in session, after 
investigation, determines that an emergency exists in any 
part of the State demanding the same, it or he may direct 
and proceed at once to seize and immediately castrate any 
stud found running at large contrary to law, without holding 
the same for five days or for any time. 
Regulation No. 2. 

The State Veterinary Surgeon be, and is hereby author- 
ized to gather all studs found running at large on the open 
range in violation of law, and to castrate them, and, if found 
diseased, to castrate or destroy them, the expense thereof to 
be borne by the owner of such studs. 
Regulation No. 3. 

All owners of stallions or mares, shall, when demanded 
to do so by the State Veterinary Surgeon or his deputy 
gather all their stallions and mares and have them at a given 
place on a date named by the State Veterinary Surgeon or his 
deputy, for the purpose of having the same tested or ex- 
amined. 

Regulation No. 4. 

No animal shall be bred in any restricted district until 
stallions have been tested and found free from disease, and 
no mare that has been exposed to dourine shall be bred until 
she has been blood tested and released. 
Regulation No. 5. 

Whenever it shall be determined necessary by the State 
Veterinary Surgeon or his deputy, all owners of animals 
tested for dourine shall immediately brand such animals 
with a number so as to identify same, with the number on 
such part of such animal as may be determined by the 
State Veterinary Surgeon or his deputy. 
Regulation No. 6. 

Any animal reacting to the blood test for dourine shall 
be immediately branded by the owner with a "Q M on the 
left jaw. All mares afflicted with dourine shall be destroyed 
and all stallions shall either be destroyed or castrated subject 
to the approval of the State Veterinary Surgeon. No animal 
so castrated shall be released from quarantine within a period 



LIVE STOCK SANITARY LAWS OF MONTANA 121 

of six weeks, and no animal afflicted with dourine shall be 
allowed to run on the open range. 
July 14, 1913. 

Order No. 7. 
Regulations Governing Tuberculin Reactors Held in 

Quarantine. 

1. Owner or agent in charge must file with the State 
Veterinary Surgeon a written request for permission to hold 

tuberculin reactors in quarantine. 

2. Owner or agent in charge must file with State 
Veterinary Surgeon a list containing names and description 
of all cattle held in quarantine. 

3. Owner or agent in charge must report in writing the 
death or disposal of any animals quarantined. 

4. When the "Bang" or other system, of breeding out 
tuberculin reactors is employed, the owner or agent in charge 
must within thirty days report in writing to the State Veter- 
inary Surgeon all animals bred to a tuberculin reactor, and all 
animals so bred must be held in quarantine until tuberculin 
tested and released by the State Veterinary Surgeon. All 
calves sired or calved by a tuberculin reactor must likewise 
be held in quarantine and tuberculin tested before being 
released. 

5. When the "Bang" or other system of breeding out 
tuberculin reactors is employed, the expense of tuberculin 
testing shall be borne by the Live Stock Sanitary Board, pro- 
vided the services of a deputy state veterinary surgeon for 
such tuberculin test are not necessary or requested oftener 
than once in every six months; and provided further, that 
animals so quarantined shall have been in the State of Mon- 
tana one hundred and eighty days or more previous to their 
reacting to the tuberculin test. Where the services of a 
deputy state veterinary surgeon are necessary or requested 
oftener than once every six months for testing any or all 
of a quarantined herd, and where animals have not been in 
the State of Montana one hundred and eighty days or more 
previous to their reacting to the tuberculin test, then the 
owner must pay all necessary expenses pertaining to such 
test. 

October 1, 1914. 



122 LIVE STOCK SANITARY LAWS OF MONTANA 

Order No. 8. 

Regulations Governing the Sale, Distribution and Use of 
Anti-Hog Cholera Serum, also the Sale, Distribution and 
Use of Serum and Virus within the State of Montana. 

1. All anti-hog cholera serum sold within the State or 
imported into the State of Montana for sale, distribution or 
use, shall be produced under a license issued by the United 
States Bureau of Animal Industry, Department of Agricul- 
ture. 

(a) The use of anti-hog cholera SERUM is not re- 
stricted in any way. 

2. The sale, distribution or use of VIRUS shall be pro- 
hibited except under the following conditions, to-wit : 

(a) All VIRUS used for immunizing hogs against 
cholera shall be administered by veterinarians who are 
graduates of recognized veterinary colleges, or by owners 
to whom a permit will be issued by the State Veterinary 
Surgeon upon being furnished with proof of the fact that 
such owners are qualified to administer VIRUS without 
danger of spreading the contagion of hog cholera. In all 
cases the use of VIRUS by laymen shall be limited to hogs 
owned by the person to whom permit is granted. 

(b) No VIRUS shall be shipped into the State or sold 
or distributed within the State of Montana unless consigned, 
sold or distributed to a licensed graduate veterinarian or 
owner holding permit from the State Veterinary Surgeon. 

(c) All hogs subjected to the simultaneous method of 
immunization, together with all yards, corrals, sheds or feed 
lots to which said hogs have access (which yards, corrals, 
sheds or feed lots must not be adjoining a public high- 
way) must be quarantined for a period of not less than 
thirty days. Conspicuous notice of quarantine shall be 
posted upon said premises in the form of a placard bearing 
the words "HOG CHOLERA HERE" in letters not less than 
2!/2 inches in size. 

(d) All hogs subjected to the simultaneous method of 
immunization must be dipped in one of the standard recog- 
nized dips .before being released from quarantine, and all 
yards, corrals, sheds or feed lots to which said hogs have 
had access must be thoroughly cleaned and disinfected. Dip- 
ping of hogs, cleaning and disinfecting of yards, corrals, 



LIVE STOCK SANITARY LAWS OF MONTANA 123 

sheds or feed lots must be done under the supervision of a 
representative of the Live Stock Sanitary Board. 

3. Veterinarians and licensed owners administrating 
SERUM and VIRUS shall immediately render full reports to 
the State Veterinary Surgeon, giving names and addresses of 
owners and number of hogs treated. 

October 1, 1914. 

Order No. 10. 

Official Tuberculin Tests. 

1. In the subcutaneous tuberculin test not less than 
three ante-temperatures at intervals of not more than four 
hours and not less than two hours, and not less than four 
post-temperatures beginning at not less than six hours and 
not more than ten hours after injection, at intervals of 
not less than two hours and not more than three hours, 
must be taken by the deputy state veterinary surgeon making 
the test. In all tests the taking of post temperatures must 
be carried out until the twentieth hour, at which time, if 
there is no tendency for the temperature to rise, the test 
may cease^ 

2. The intra-dermal test is hereby adopted as an of- 
ficial test for tuberculosis in cattle. 

In the intra-dermal tuberculin test the injection must 
be made in the caudal folds or some such suitable place. The 
injection must be made intra-dermally. The post-inspection 
should be made between the sixtieth and seventy-second hour, 
hour. 

September 24, 1916. 

Order No. 11. 
Certificates from Illinois. 

The order issued January 22, 1912, by the Montana 
Live Stock Sanitary Board prohibiting the importation of 
live stock into the State of Montana from the State of 
Illinois, unless accompanied by a certificate issued by a 
veterinary inspector in the employ of the United States 
Bureau of Animal Industry, is hereby recinded. 

On and after October 1, 1914, the Live Stock Sanitary 
Board of Montana will accept shipments from Illinois ac- 
companied by either Federal certificates or certificates 
issued by recognized veterinarians indorsed and approved by 
the Live Stock Sanitary Board of Illinois. 



124 LIVE STOCK SANITARY LAWS OF MONTANA 

Order No. 12. 
Ft. Belknap Quarantine. 

It having been brought to the attention of the Live 
Stock Sanitary Board that dourine exists on the Fort Belknap 
Reservation in the State of Montana: 

NOW, THEREFORE, by order of the Live Stock Sani- 
tary Board of the State of Montana the territory known as 
the Fort Belknap Reservation in the State of Montana is 
hereby quarantined on account of dourine. 

It is further ordered that no mares or stallions of any 
description shall be shipped out of the Fort Belknap Reserva- 
tion until they have been blood tested for dourine and passed 
by either a representative of the United States Bureau of 
Animal Industry or the Live Stock Sanitary Board of 
Montana. 

This order does not restrict the movement of live stock 
other than mares and stallions. 

January 15, 1915. 

Order No. 13. 

Prohibiting Importation of Virus. 

By order of the Montana Live Stock Sanitary Board 
hog cholera VIRUS shall not be imported into the State of 
Montana or sold, used, or given away, within the State of 
Montana, unless upon written permit issued by the State 
Veterinary Surgeon at Helena, Montana. 

Hogs within the State of Montana, shall not be double 
vaccinated unless upon written permit issued by the State 
Veterinary Surgeon at Helena, Montana, and under the 
personal supervision of a representative of the Montana 
Live Stock Sanitary Board. 

The use of hog cholera SERUM is not restricted by 
this order, but all hog cholera SERUM imported into, sold, 
used, or given away within the S.tate of Montana, must be 
manufactured under a license issued by the United States 
Bureau of Animal Industry. 

September 28, 1915. 



LIVE STOCK SANITARY LAWS OF MONTANA 125 

Order No. 16. 
Certificates Accompanying Shipments of Cattle from Wis- 
consin and New York. 

In accordance with Section 1888, Revised Codes of Mon- 
tana, 1907, the following regulation is hereby established 
by the Live Stock Sanitary Board, to govern the admission 
into the State of Montana, of cattle that originate in the 
States of Wisconsin and New York. 

All cattle of any class that originate in the State of 
Wisconsin or New York destined to the State of Montana 
must be accompanied by a certificate of health issued by a 
veterinary inspector of the United States Bureau of Animal 
Industry, the inspection to be made in accordance with the 
regulations of the Live Stock Sanitary Board and the Laws 
of Montana. 

All cattle not accompanied by a certificate of health 
issued by a veterinary inspector of the United States Bureau 
of Animal Industry must be held at the state line and be 
inspected by an inspector of the United States Bureau of 
Animal Industry or an agent of the State Live Stock Sani- 
tary Board, the expenses of said inspection to be paid by 
the owner of the stock. 

This regulation to take effect July 15, 1915. 

Order No. 17. 
Tuberculin Test of Cattle at State Fair. 

IT IS HEREBY ORDERED that all cattle exhibited, 
offered for sale, or in any way using the Montana State 
Fair premises during the progress of the annual State Fair, 
must have passed a satisfactory tuberculin test not more 
than one year previous to their being exhibited. 

Official tuberculin test will be made free of charge upon 
application to the State Veterinary Surgeon at Helena, Mon- 
tana. 

September 27, 1915. 

Order No. 18. 
Certificates from South Dakota. 

Order No. 3, issued September 23, 1913, prohibiting 
the importation of live stock into the State of Montana 
from the State of South Dakota unless accompanied by a 
certificate issued by a Veterinary Inspector of the United 



126 LIVE STOCK SANITARY LAWS OF MONTANA 

States Bureau of Animal Industry or a veterinarian ap- 
proved by the United States Bureau of Animal Industry for 
Canadian mallein testing, is hereby rescinded. 

On and after March 20, 1916, the Live Stock Sanitary 
Board of Montana will accept shipments of live stock from 
South Dakota accompanied by either a Federal certificate 
or a certificate issued by an officially certified graduate 
veterinarian of South Dakota. 

March 15, 1916. 

Order No. 20. 

Regulation Providing for the Admission of Cattle from 
Official Accredited Tuberculous Free Herds: 

IT IS HEREBY ORDERED by the Live Stock Sanitary 
Board of Montana that all cattle from official accredited 
tuberculous free herds may be shipped into the State of Mon- 
tana without a tuberculin test chart. 

PROVIDED the shipment is accompanied by a state- 
ment from the live stock sanitary board, or United States 
Bureau of Animal Industry, and owner or agent of cattle, 
that they are from an official accredited tuberculous free 
herd and are free from symptoms of any contagious in- 
fectious disease and 

PROVIDED FURTHER that they have been tuberculin 
tested not longer than nine (9) months previous to date of 
shipment. 

June 7, 1916. 

Order No. 25. 

Regulations Governing the Importation of Live Stock and 
Dogs into the State of Montana. 

In Compliance with Chap. 157 Session Laws 1917. 

Horses — Mules — Asses. 

Health certificates including mallein test. Horses, mules 
and asses may be shipped in without inspection to quarantine 
yards at Miles City, Dillon or Billings, provided the waybills 
bear the notation "CONSIGNED TO QUARANTINE YARDS 

AT ....MONTANA." Animals so shipped 

will be inspected and tested at owner's expense by a repre- 
sentative of the Montana Live Stock Sanitary Board before 
released from quarantine yards. Wild, unbroken range 
(but not pasture) horses, mules or asses may be shipped into 



LIVE STOCK SANITARY LAWS OF MONTANA 127 

Montana on a clinical health certificate providing each in- 
dividual animal is given a clinical chute inspection. 

Animals for temporary racing, exhibition or speed pur- 
poses may be shipped in on clinical health certificate. 

Stallions or Jacks. 

In addition to mallein test a certificate of soundness, 
original of which must accompany shipment, a copy mailed 
to Stallion Registration Board at Bozeman, Montana, at least 
ten days before the importation of stallion or jack into the 
State. No stallion or jack which is neither pure bred nor 
grade shall be imported into the State of Montana for breed- 
ing purposes. A "grade" is defined as an animal whose 
sire or dam, but not both, is a registered pure bred animal. 

Cattle. 

All cattle over six months of age (breeding cattle, 
spayed heifers and steers) brought into the State of Mon- 
tana must be accompanied by a tuberculin test chart issued 
by an officially certified graduate veterinarian. 

EXCEPTING that strictly range cattle shipped directly 
from the range sections of Arizona, California, Colorado, 
Idaho, New Mexico, Oklahoma, Texas, Wyoming, North and 
South Dakota west of the Missouri River, Kansas and Nebras- 
ka west of the 100th Meridian, Alberta, Saskatchewan and 
British Columbia need not be accompanied by a tuberculin 
test chart but must be accompanied by a clinical health cer- 
tificate issued by an officially certified graduate veterinarian. 

All bulls from any state or territory, Canada or Mexico 
must be accompanied by an official tuberculin test chart. 

All pure bred cattle shipped into the State of Montana 
from other than FEDERAL OR STATE OFFICIALLY AC- 
CREDITED TUBERCULOSIS FREE HERDS must be ship- 
ped into quarantine and held for an official tuberculin retest 
not less than sixty days after their arrival. This retest will 
be made free of charge. 

Cattle from a public sale yard, with the exception of range 
cattle certified by the Federal Inspector in Charge as coming 
directly from the above designated range sections, must be 
accompanied by a Federal tuberculin test chart. 



128 LIVE STOCK SANITARY LAWS OF MONTANA 

Cattle, with the exception of cattle from FEDERAL OR 
STATE OFFICIALLY ACCREDITED TUBERCULOSIS 
FREE HERDS, from New York and Wisconsin must be ac- 
companied by a Federal tuberculin test chart. 

Cattle from FEDERAL OR STATE OFFICIALLY AC- 
CREDITED TUBERCULOSIS FREE HERDS may be shipped 
into Montana without a tuberculin test chart when accom- 
panied by a statement from the Live Stock Sanitary Board 
or United States Bureau of Animal Industry, and owner or 
agent of cattle, that the cattle shipped are from an officially 
accredited tuberculosis free herd which has been tested not 
longer than nine (9) months previous to date of shipment, 
and are free from symptoms of any infectious-contagious 
disease. 

Calves from other than strictly range cows from above 
excepted area must be accompanied by an official clinical 
health certificate stating that they are from cows which 
have been tuberculin tested and found free from tuberculosis. 

Cattle for immediate slaughter (NOT LONGER THAN 
SEVEN DAWS AFTER ARRIVAL AT DESTINATION) may 
be shipped into Montana without a health certificate if ac- 
companied by a statement from owner or agent that animals 
are for immediate slaughter and will be slaughtered within 
seven days after arrival at destination. 

Hogs. 

Hogs for breeding or feeding purposes must be ac- 
companied by a clinical health certificate stating the animals 
do not come from a public stock yard or a district in which 
hog cholera has existed during the past six months, and pro- 
vided the animals have not been double vaccinated, or at 
least ninety days have elapsed since they were double vac- 
cinated. Hogs may be shipped from a district where hog 
cholera has existed during the past six months provided they 
are shipped not earlier than thirty days and not later than 
sixty days after receiving the single vaccination and, provided 
further, that they have been kept since vaccination on a 
premise or farm on which hog cholera has not existed for 
the past six months. 



LIVE STOCK SANITARY LAWS OF MONTANA 129 

Hogs for Slaughter. 

Health certificate. 

Hogs for Exhibition. 

All swine to be exhibited in Montana at state or county 
fairs must be accompanied by a certificate showing they have 
been immunized by the single vaccination not less than 
fifteen days and not more than sixty prior to their shipment 
or double vaccinated not less than ninety days previous to 
their shipment. 

All hogs shipped into Montana must be loaded through 
cleaned and disinfected pens and chutes into disinfected cars 
and must not be unloaded in any public stock yard unless 
stock yard has been specially disinfected for that purpose. 

Sheep. 

Health certificate and shipped in disinfected cars. Sheep 
for grazing purposes, or feeding, must be inspected upon 
their arrival at railroad destination in Montana by a Mon- 
tana Inspector, and quarantined for ninety days on land 
owned, leased, or controlled by the owner of the sheep. 
Bucks and ewes for dissemination to other bands for breed- 
ing purposes shall be dipped twice with an interval of ten 
days under the supervision of a Montana Inspector and 
quarantined for at least ninety days on land owned, leased 
or controlled by the owner. In all sheep shipments five 
days notice must be given the State Veterinary Surgeon's 
office at Helena before the arrival of the sheep in Montana. 
Inspection and supervision of dipping free of charge. 

Disinfection of Cars. 

Disinfection of cars does not apply to box-cars which 
have not been previously used for stock shipments. 

Dogs. 

All dogs originating in any state or territory of the 
United States, the District of Columbia, the Dominion of 
Canada or the Republic of Mexico must be accompanied by 
a statement from the state or government health officer, or 
the state veterinarian, that rabies has not existed for the 
past nine months within a radius of fifty miles of origin of 
the shipment and also by a statement from the owner or 
agent of the animal that the dog or dogs are to the best of 



130 LIVE STOCK SANITARY LAWS OF MONTANA 

his knowledge free from disease and have since birth, or 
during the past nine months been at all times within the 
radius designated by the official health officer or state 
veterinarian. A copy of these statements must be forwarded 
to the State Veterinary Surgeon at Helena, Montana. 

Dogs which cannot comply with this regulation must be 
accompanied by a permit from the State Veterinary Surgeon 
at Helena, Montana. 

This regulation does not apply to performing animals for 
temporary stay in Montana. 

Hog Cholera Serum. 

All anti-hog-cholera serum sold within the State of Mon- 
tana, or imported into the State for sale, distribution or use, 
shall be produced under license granted by the United States 
Department of Agriculture, Bureau of Animal Industry. 

Hog Cholera Virus. 

All serum manufacturers are hereby prohibited from 
shipping any virulent blood or hog cholera virus into the 
State of Montana, unless written permission to do so is 
granted by the State Veterinary Surgeon. 

Certificates. 

Health certificates and test charts are good for thirty 
days. The original certificate must accompany shipment to 
its destination and duplicate immediately forwarded by the 
veterinarian making the inspection or test to the State 
Veterinary Surgeon, Helena, Montana. 

Who May Inspect. 

Federal, State, Graduate Deputy State Veterinarians, or 
Graduate veterinarians approved by their State Veterinarian 
or Live Stock Sanitary Board. 

This Order to take effect May 1, 1917. 

ORDER NO. 26. 
Agreement for the Tuberculin Testing of Herds of Pure-Bred 

Cattle. 
WHEREAS, the Montana Live Stock Sanitary Board, for 
the purpose of improving the pure-bred dairy and beef breeds 
of cattle in Montana, encouraging recognition of the im- 
portance of maintaining herds of such cattle free from tuber- 
culosis, and promoting the interchange of healthy pure-bred 
cattle, proposes, so far as available funds permit, to co- 



LIVE STOCK SANITARY LAWS OF MONTANA 131 

operate with the breeders of pure-bred cattle by assisting 
them to eradicate tuberculosis from their herds and main- 
tain them free from that disease. 

NOW, THEREFORE, in consideration of receiving as- 
sistance from the said Live Stock Sanitary Board along the 

lines and for the purpose specified, I, 

(Name of Owner) 

of owner of the herd -of cattle 

(Postoffice Address) 

comprising 

(Breed and number over six months old) 

- — - — do hereby agree 

(Breed and number under six months old) 

to cooperate with the said Board upon the following terms: 

I will permit my entire herd, or any cattle of my herd, to 
be tuberculin tested or retested at such times as are con- 
sidered necessary by the Live Stock Sanitary Board. 

I will not present any cattle for the tuberculin test which 
have been injected with tuberculin within two months im- 
mediately preceding, or which have at any time reacted to a 
tuberculin test. 

I will present, prior to each test, to the inspector of 

said Board, certificates of registration for each pure bred 

and registered animal offered by me to the tuberculin test, 

such certificates to be accepted as identification of the 

animals offered. Any grade females maintained in the herd, 

or associated with animals of the herd, must be identified 
by a tag or other marking satisfactory to the Live Stock 

Sanitary Board. 

I will report promptly to the said Live Stock Sanitary 
Board every transfer of cattle from my herd, giving the 
identification of the animal and the name and address of 
the person to whom transfered. 

I will cause all animals which show evidence of tuber- 
culosis of the udder or superficial glands, progressive loss of 
condition or emaciation ,or other visible evidence of tuber- 
culosis, to be promptly slaughtered under the United States 
or Montana meat-inspection regulations, and I will cause the 
carcasses of said animals to be disposed of according to the 
meat-inspection regulation of the live Stock Sanitary Board, 
based upon the lesions found upon post-mortem inspection. 



132 LIVE STOCK SANITARY LAWS OF MONTANA 

I will cause all animals which react to the tuberculin test, 
but which show no other evidence of tuberculosis, to be 
salughtered and disposed of as herein provided for animals 
which show also other evidence of tuberculosis, or I will 
cause such animals to be removed from the herd and portion 
of the farm upon which the healthly animals of the herd 
are maintained to a location approved by the Live Stock 
Sanitary Board, and I will cause such animals to be main- 
tained in such form of quarantine as may be directed by the 
Live Stock Sanitary Board. 

It is agreed that quarantine reacting bulls may be used 
for breeding, provided they are held upon the staff, their 
sectual organs properly disinfected, and the cow restrained 
by some suitable method so as not unnecessarily to be 
exposed to tuberculosis from the bull or infected premises. 

I will not permit the slaughter of any tuberculous 
animals as indicated by physical examination or tuberculin 
test, except at a time and place approved by the Live Stock 
Sanitary Board. 

I will cause, in all cases where the milk or milk products 
from quarantined reacting cows are to be used for any food 
purposes whatever, the said milk or products to be first sub- 
mitted to pasteurization at not less than 140° F. for not less 
than 30 minutes, or to the point of active boiling; but I will 
not sell such milk or products in violation of any State, city, 
or other legislation. 

I will cause the calves from quarantined reacting cows 
to be removed from their mothers at birth, to be main- 
tained upon premises free from infection with tuberculosis, 
and to be fed upon the milk of cows which have passed a 
satisfactory tuberculin test or upon the pasteurized or boiled 
milk of tuberculin reactors. 

I will allow no cattle to be associated with my herd which 
have not passed a tuberculin test approved by the Live Stock 
Sanitary Board. I will keep all new cattle separated from 
my herd pending the approval of the tuberculin test or the 
application of a tuberculin test by an inspector of the Live 
Stock Sanitary Board. I will notify the Live Stock Sanitary 
Board immediately, giving details of the identification char- 
acteristics and records of tuberculin test of any cattle which 
may be added to my herd. 



LIVE STOCK SANTARY LAWS OF MONTANA 133 

I will surrender any premises contaminated by tuber- 
culous animals, as indicated by a physical examination or a 
tuberculin test, to a thorough cleaning and disinfection, at my 
expense, under the direction or supervision of the Live Stock 
Sanitary Board. I will comply with all reasonable sanitary 
measures and other recommendations by the Live Stock 
Sanitary Board for the control of tuberculosis. 

Violation of the letter or spirit of this agreement by me 
shall be considered sufficient cause for the immediate can- 
cellation of this agreement and the withdrawal of coopera- 
tion by the Live Stock Sanitary Board. 

IN WITNESS WHEREOF, I have signed this agreement 

this — : day of , one thousand 

nine hundred and 



Owner of the herd. 

Address 

Witness: 

Order No. 27. 
Official Charges for Interstate Inspections. 

The following official charges for interstate inspection of 
livestock have been adopted by the Livestock Sanitary 
Board : 

Sheep, physical inspection, $8.00 per day and expenses. 

Cattle, physical inspection, $8.00 per day and expenses. 

Swine, physical inspection, $8.00 per day and expenses. 

(If inspection is made in resident city of veterinarian 
making inspection, three cars or under shall be classified as 

one-half day.) 

SWINE, immunization, $ .25 per head. Owner to furnish 
serum, help, and incidental materials. 

HORSES, physical inspection, $2.50 per car and ex- 
penses. (Minimum charge $5.00.) 



134 LIVE STOCK SANTARY LAWS OF MONTANA 

HORSES, Mallein testing: 

When test is made in locality other than resident 
city of veterinarian conducting test, $1.00 per head 
and all necessary expenses with a minimum charge 
of $15.00. 

When test is made in resident city of veterinarian 
conducting the test, the charge will be $1.00 per 
head and expenses with a minimum charge of $5.00. 

TUBERCULIN TESTING: 

The charge for tuberculin testing will be the same 
as for mallein testing. 

Mallein and Tuberculin testing in mixed shipments will 
be charged for as one test. 

When two or more inspections are made at different 
points in one day, two days may be charged. 

Disinfecting stock cars: $8.00 per diem and expenses. 

Helena, Montana, July 5, 1917. 





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LIVE STOCK SANITARY LAWS OF MONTANA 135 

Order No. 28. 

Brands Owned by the Live Stock Sanitary Board; Use for 

Each Brand: 

Cattle, on left side of neck. 

\Sheep, on left side of nose. 

)To be used for any acute contagious disease 

not covered by brands given below. 

Horses, on left jaw. 

For reactors to the blood test for dourine 
and clinical cases of dourine. 



i Horses on right jaw. For reactors to mallein 
test and clinical cases of glanders. 

>Cattle, on right jaw. For reactors to tuber- 
fculin test and clinical cases of tuberculosis. 

Red Paint brand for sheep on right side. To 
be used on sheep quarantined for any 
\ purpose. 

Helena, Montana, July 5, 1917. 






136 LIVE STOCK SANITARY LAWS OF MONTANA 

Order No. 29. 
Marking Animals for Identification. 

In tuberculin testing cattle, each animal must be marked 
in such a way as to be identified without doubt at the time 
the post temperatures are taken, or the post observation 
made. Either metal tags or sheep paint — preferably blue 
color — must be used in identifying animals. 

In testing horses for any disease the animals must be 
identified by branding, painting or the use of a metal tag, 
or minute description. 

Helena, Montana, July 5, 1917. 

Order No. 30. 
Official Accredited Tuberculous Free Herds. 

IT IS HEREBY ORDERED that to be eligible for classi- 
fication as an Official Accredited Tuberculous Free Herd, 
the animals in the herd must have passed three (3) semi- 
annual or two (2) annual negative official tuberculin tests. 

Dated at Helena, Montana, July fifth, 1917. 



LIBRARY OF CONGRESS 



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